Latin for Lawyers

EX GRATIA

EX GRATIA [L. ex + gratia / pleasantness, kindness, thankfulness. Willingly] Out of a sense of fairness. An action done as a favor, not because it was required, due or owed. A decision made not in recognition of right but out of a sense of fairness and justice. See EX DEBITO EXHAUST, EXHAUSTION (OF REMEDIES) [L. exhaurio, exhaurire / to take out or remove; to use up, drain dry, empty out. To impoverish] To consume or use up. To cause extreme fatigue to. To remove a valuable or essential ingredient or component of. The doctrine of exhaustion of remedies requires that a party first proceed through all available administrative reme dies before seeking the assistance of the courts. The doctrine also requires that a party exhaust all his remedies in the state courts before turning to the federal courts for relief. One result of the doctrine is that the federal courts will not issue a writ of habeas corpus until a criminal defendant has exhausted all available remedies in the state courts. The doctrine derives from the principles of comity. See COMITY EXHIBIT [L. exhibitus, from exhibeo, exhibere / to produce in court; to show, display] A document or other matter produced in court for use as evidence. An attach ment to a brief, report or memorandum, labelled and identified for reference. A display for examination by the public. Also, to offer as evidence in a litiga tion or proceeding. To present officially or in legal form. To evidence a qual ity, state or characteristic, as to exhibit fear . EXIGENT, EXIGENCY [L. exigo, exigere / to drive out; to force out. To demand or compel] A circumstance or condition requiring immediate attention or action. A mat ter requiring resolution; an emergency. EXIGENT CIRCUMSTANCES In criminal law, circumstances justifying a police search without a warrant. These circumstances may include the imminent destruction of evidence by the suspect, a threat of harm or injury to persons, and searches in “hot pur suit” of a suspect. EXIGI FACIAS [L. (That you) cause to be done] A writ commanding the sheriff to demand delivery and surrender of the defendant.

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