Exception

Exception, exclusion of anything or person; a stop or stay to an action; also the particular point of law stated in the margin of a demurrer. In Chancery, exceptions might be taken to pleadings if scandalous, and if a defendant's answer were insufficient, the plaintiff might file exceptions to it, Sm. Ch. Pr. 344, 786.An exception, in a conveyance, must be of part of the thing granted and of a thing in esse at the time of the grant; whereas a reservation must be of some new thing issuing out of the thing granted; see Co. Litt. 47 a; Shep. Touch. 80; Savill Bros., Ltd. v. Bethell, (1902) 2 Ch 523, and see RESERVATION.Under s. 162(1)(d) of the (English) Law of Properties Act, 1925, the rule of law relating to perpetuities does not apply to any exception of any right of entry or user of the surface of land, or to easements, rights and privileges in relation to mines and minerals as set out in the section.In summary proceedings upon an Act of Parliament, an exception in the Act 'may by pro...

special mission exception

special mission exception : an exception to the going and coming rule that allows recovery under workers' compensation to an employee who was injured while going to or coming from work on an errand that was part of the employee's regular duties or that was at the request of the employer or otherwise within the scope of the employment ...

useless gesture exception

useless gesture exception : an exception to the knock and announce rule that excuses police from having to announce their purpose before entering a premises in execution of a warrant if facts known to the officers justify them in being virtually certain that the occupant already knows their purpose ...

tender years exception

tender years exception : an exception to the hearsay rule in some jurisdictions that allows the use of an out-of-court statement by a young child in an abuse or neglect case if the time, content, and circumstances of the statement provide sufficient indications of reliability and the child will testify or else is unavailable as a witness but there is corroborating evidence of the act in question ...

state of mind exception

state of mind exception : an exception to the hearsay rule that allows the use of hearsay evidence regarding the state of mind of the declarant (as in a statement of intent or motive) ...

automobile exception

automobile exception : an exception to the prohibition on warrantless searches that allows a police officer to search an automobile without a search warrant in cases where the officer has probable cause to believe that the automobile contains evidence of a crime and that the evidence would be disposed of if the officer were to leave to obtain a warrant ...

public records exception

public records exception : an exception to the hearsay rule allowing admission into evidence of records, reports, statements, or data compilations made by public offices or agencies that set forth activities of the office or agency, matters observed pursuant to a duty under law that are required to be reported, or factual findings resulting from an investigation made pursuant to lawful authority that are to be used in civil actions or proceedings or in criminal actions against the government ...

good faith exception

good faith exception : an exception to the exclusionary rule: evidence obtained by the use of a warrant later found to be unsupported by probable cause is admissible if the investigating officers acted in reasonable reliance that the warrant was valid see also Mapp v. Ohio in the Important Cases section ...

emergency exception

emergency exception : an exception to the requirement for a search warrant in a situation in which a police officer has reason to believe that immediate action including a search is necessary to protect life or prevent serious injury ...

business records exception

business records exception : an exception to the hearsay rule that allows admission into evidence of records, reports, compilations of data, or memoranda of an event, act, condition, opinion, or diagnosis that are made at or near the time of the event by a person with knowledge or from information transmitted by a person with knowledge and that are made as a regular practice of the business ...

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