英语词汇“peremptory exception”的英英意思、用法、释义、翻译、读音、例句、短语、词组-英语词典

4. Law. [after Latin exceptio in Roman Law; compare except v. 2.] (a) A plea made by a defendant in bar of the plaintiff's action; in Scots Law = defence n. peremptory exception: one tending to the dismissal of the action. dilatory exception: one tending to arrest its progress. declinatory exception: a dilatory exception consisting in a denial of the jurisdiction of the court; (b) an objection made to the ruling of a court in the course of a trial; (c) (in Courts of Equity (obsolete in England since 1875)) an objection by the plaintiff to the defendant's answer as insufficient. Bill of Exceptions: a statement of objections to the ruling or direction of a judge drawn up on behalf of the dissatisfied party, and submitted to a higher court. This procedure still exists in Scotland; in England it was abolished by the Judicature Acts of 1873–5.

ΘΚΠ

society > law > administration of justice > court proceedings or procedure > [noun] > enrolment of jury > objection against jurymen

peremptory exception1413

peremptory challenge1530

peremptory1606

principal challenge1702

society > law > administration of justice > court proceedings or procedure > pleading > [noun] > a pleading or plea > plea objecting to jurisdiction or competence

exception1413

declinature1639

declinatory1693

declinatory plea1769

c1250 H. de Bracton De Legibus Angliæ v. v. i Sciendum quod exceptio est actionis elisio per quam actio perimitur vel differtur.

1292 Britton ii. xvii. §1 En plusours maneres est ceste assise destourbe que ele ne soit tauntost prise, sicum par excepcioun peremptorie, sicum..et par exceptiouns dilatories.]

1413 J. Lydgate Pilgr. of Sowle (1859) i. xviii. 19 Were it so that..by thyn excepcyon I personelly shold not be herde in thys present Court.

1560 J. Daus tr. J. Sleidane Commentaries f. cxv^v Hauing no exception, they were caried to Paris.

1575 J. Rolland Treat. Court Venus i. f. 15 Charge him compeir..[With] exceptionis, and causis defensall (Gif he sic hes) that may himself supple.

a1599 E. Spenser View State Ireland in Wks. (1862) V. 323 [A fellon] may have fifty-six exceptions peremptory against the jurors.

1699 R. Bentley Diss. Epist. Phalaris (new ed.) 397 The Defendant makes his Exception to the Indictment, because he did not call him Ἀνδροϕόνον, which was the Word that was penal by Law.

a1715 Bp. G. Burnet Hist. Own Time (1724) I. 676 The first part of it was an exception to the authority of the Court.

1768 W. Blackstone Comm. Laws Eng. III. 372 This bill of exceptions is in the nature of an appeal; examinable..in the next immediate superior court, upon a writ of error.

1861 G. Ross W. Bell's Dict. Law Scotl. (rev. ed.) (at cited word) Generally speaking, everything which one alleges for defending himself, and for eliding the action, is called an exception.

1877 C. C. Langdell Equity Pleading §82 [If the plaintiff thinks the answer insufficient] he must except to it, i.e. specify in writing the parts of the bill which are not sufficiently answered; and thereupon the bill, answer, and exceptions are referred to a master.

a. That precludes further question or debate; admitting no refusal; spec. that quashes or ends an action if upheld, as peremptory defence, peremptory edict [after classical Latin perēmptōrium ēdictum, Ulpian Digest 5. 1. 70.] , peremptory exception [after classical Latin perēmptōriae exceptiōnēs (plural), Gaius Inst. 4. 120, 121; compare Anglo-Norman excepcioun peremptorie (c1290)] , etc. peremptory mandamus n. a second mandamus, in which the command is absolute, issued where a first is found to be insufficient in law or false in fact. peremptory plea n. = special plea n.. peremptory writ n. an original writ directing that something be done with no option for the defendant to show why he or she should not do so.

ΘΚΠ

society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > mandamus

mandamus1535

peremptory mandamus1797

1443 in H. Nicolas Proc. & Ordinances Privy Council (1835) V. 277 Þe King..wol þat all þei þat sue now for such lettres of marque..have from þe King lettres peremptorie of request to þe said Duc such as þe cas requireth.

1530 J. Palsgrave Lesclarcissement 500/1 Whan a man of lawe maketh a reason peremtorie, it can nat be contrepleted.

1592 R. Greene Quip for Vpstart Courtier sig. E2^v Hee hath his peremtorie scitation readie to scite him vnto the Archdeacons or officials court.

a1626 F. Bacon Elements Common Lawes (1630) 9 There is no reason..but it should be a peremptory plea to the person in a writ of error as well as in any other action.

1722 W. Forbes Inst. Law Scotl. I. iv. 143 A peremptory Defence excludes the Action for ever.

1797 Encycl. Brit. IX. 637/1 A peremptory mandamus, or writ of restitution.

1809 J. Marshall Writings upon Federal Constit. (1839) 125 A peremptory mandamus must be awarded.

1880 J. Muirhead tr. Gaius Institutes iv. 326 Exceptions..are peremptory that remain available always, and cannot be excluded; such are the exceptions of constraint or dole.

1908 F. H. Short & F. H. Mellor Pract. of Crown Office (ed. 2) 236 The peremptory writ is in the same form as the original writ.

2002 Asbestos Litigation Reporter (Nexis) 24 7 Two defendants..filed peremptory exceptions, saying there was no cause of action because the plaintiffs are not afforded a remedy under state law.

单词	peremptory exception
释义	> as lemmas peremptory exception 4. Law. [after Latin exceptio in Roman Law; compare except v. 2.] (a) A plea made by a defendant in bar of the plaintiff's action; in Scots Law = defence n. peremptory exception: one tending to the dismissal of the action. dilatory exception: one tending to arrest its progress. declinatory exception: a dilatory exception consisting in a denial of the jurisdiction of the court; (b) an objection made to the ruling of a court in the course of a trial; (c) (in Courts of Equity (obsolete in England since 1875)) an objection by the plaintiff to the defendant's answer as insufficient. Bill of Exceptions: a statement of objections to the ruling or direction of a judge drawn up on behalf of the dissatisfied party, and submitted to a higher court. This procedure still exists in Scotland; in England it was abolished by the Judicature Acts of 1873–5. ΘΚΠ society > law > administration of justice > court proceedings or procedure > [noun] > enrolment of jury > objection against jurymen peremptory exception1413 peremptory challenge1530 peremptory1606 principal challenge1702 society > law > administration of justice > court proceedings or procedure > pleading > [noun] > a pleading or plea > plea objecting to jurisdiction or competence exception1413 declinature1639 declinatory1693 declinatory plea1769 c1250 H. de Bracton De Legibus Angliæ v. v. i Sciendum quod exceptio est actionis elisio per quam actio perimitur vel differtur. 1292 Britton ii. xvii. §1 En plusours maneres est ceste assise destourbe que ele ne soit tauntost prise, sicum par excepcioun peremptorie, sicum..et par exceptiouns dilatories.] 1413 J. Lydgate Pilgr. of Sowle (1859) i. xviii. 19 Were it so that..by thyn excepcyon I personelly shold not be herde in thys present Court. 1560 J. Daus tr. J. Sleidane Commentaries f. cxv^v Hauing no exception, they were caried to Paris. 1575 J. Rolland Treat. Court Venus i. f. 15 Charge him compeir..[With] exceptionis, and causis defensall (Gif he sic hes) that may himself supple. a1599 E. Spenser View State Ireland in Wks. (1862) V. 323 [A fellon] may have fifty-six exceptions peremptory against the jurors. 1699 R. Bentley Diss. Epist. Phalaris (new ed.) 397 The Defendant makes his Exception to the Indictment, because he did not call him Ἀνδροϕόνον, which was the Word that was penal by Law. a1715 Bp. G. Burnet Hist. Own Time (1724) I. 676 The first part of it was an exception to the authority of the Court. 1768 W. Blackstone Comm. Laws Eng. III. 372 This bill of exceptions is in the nature of an appeal; examinable..in the next immediate superior court, upon a writ of error. 1861 G. Ross W. Bell's Dict. Law Scotl. (rev. ed.) (at cited word) Generally speaking, everything which one alleges for defending himself, and for eliding the action, is called an exception. 1877 C. C. Langdell Equity Pleading §82 [If the plaintiff thinks the answer insufficient] he must except to it, i.e. specify in writing the parts of the bill which are not sufficiently answered; and thereupon the bill, answer, and exceptions are referred to a master. extracted from exceptionn. peremptory exception a. That precludes further question or debate; admitting no refusal; spec. that quashes or ends an action if upheld, as peremptory defence, peremptory edict [after classical Latin perēmptōrium ēdictum, Ulpian Digest 5. 1. 70.] , peremptory exception [after classical Latin perēmptōriae exceptiōnēs (plural), Gaius Inst. 4. 120, 121; compare Anglo-Norman excepcioun peremptorie (c1290)] , etc. peremptory mandamus n. a second mandamus, in which the command is absolute, issued where a first is found to be insufficient in law or false in fact. peremptory plea n. = special plea n.. peremptory writ n. an original writ directing that something be done with no option for the defendant to show why he or she should not do so. ΘΚΠ society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > mandamus mandamus1535 peremptory mandamus1797 1443 in H. Nicolas Proc. & Ordinances Privy Council (1835) V. 277 Þe King..wol þat all þei þat sue now for such lettres of marque..have from þe King lettres peremptorie of request to þe said Duc such as þe cas requireth. 1530 J. Palsgrave Lesclarcissement 500/1 Whan a man of lawe maketh a reason peremtorie, it can nat be contrepleted. 1592 R. Greene Quip for Vpstart Courtier sig. E2^v Hee hath his peremtorie scitation readie to scite him vnto the Archdeacons or officials court. a1626 F. Bacon Elements Common Lawes (1630) 9 There is no reason..but it should be a peremptory plea to the person in a writ of error as well as in any other action. 1722 W. Forbes Inst. Law Scotl. I. iv. 143 A peremptory Defence excludes the Action for ever. 1797 Encycl. Brit. IX. 637/1 A peremptory mandamus, or writ of restitution. 1809 J. Marshall Writings upon Federal Constit. (1839) 125 A peremptory mandamus must be awarded. 1880 J. Muirhead tr. Gaius Institutes iv. 326 Exceptions..are peremptory that remain available always, and cannot be excluded; such are the exceptions of constraint or dole. 1908 F. H. Short & F. H. Mellor Pract. of Crown Office (ed. 2) 236 The peremptory writ is in the same form as the original writ. 2002 Asbestos Litigation Reporter (Nexis) 24 7 Two defendants..filed peremptory exceptions, saying there was no cause of action because the plaintiffs are not afforded a remedy under state law. extracted from peremptoryadj.adv.n. < as lemmas
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> as lemmas