Legal Topic | E

EXTRAJUDICIAL

That which does not belong to the judge or his jurisdiction, notwithstanding which he takes. cognizance of it. Extrajudicial judgments and acts are absolutely void. Vide Coram non judice, and Merl. Repert. mots Exces de Pouvoir.

EXTRAORDINARY COMPENSATION

Fees or compensation to be provided that is in excess of the ordinary. See “extraordinary fees.”

EXTRAORDINARY FEES

Typically referred to in estate administration cases where an attorney may claim fees for work on behalf of the state that is beyond the typical legal services provided for estate administration. The award of this claim is court approved and proof must be submitted by the attorney to justify the award of these fees.

EXTINGUISHMENT

contracts. The destruction of a right or contract the act by which a contract is made void. 2. Art extinguishment may be by matter of fact and by matter of law. 1. It is by matter of fact either express, as when one receives satisfaction and full payment of a debt, and the creditor releases [...]

EXTRAVAGANTES

canon law. This is the name given to the constitutions of the popes posterior to the Clementines; they are thus called quasi vagantes extra corpus juris, to express that they were out of the canonical law, which at first contained only the decrees of Gratian; afterwards the decretals of Gregory IX., the sexte of Boniface. [...]

EXTORSIVELY

A technical word used in indictments for extortion. In North Carolina, it seems, the crime of extortion may be charged without using this word. 1 Hayw. R. 406.

EXTREME CRUELTY

One of several grounds for which divorce may be granted. It is the infliction of significant mental, physical or emotional harm upon the other spouse. While many states have no-fault divorce, such a ground may be recognized for purposes of division of marital assets to be so divided in favor of the victim of such [...]

EXTORTION

crimes. In a large sense it, signifies any oppression, under color of right: but in a more strict sense it means the unlawful taking by any officer, by color of his office, of any money or thing of value that is not due to him, or more than is due, or before it is due. [...]

EXTREMIS

When a person is sick beyond the hope of recovery, and near death, he is said to be in extremism. 2. A will made in this condition, if made without undue influence, by a person of sound mind, is valid. 3. The declarations of persons in extremis, when made with a full consciousness of approaching [...]

EXTRA VIAM

Out of the way. When, in an action of trespass, the defendant pleads a right of way, the defendant may reply extra viam, that the trespass was committed beyond the way, or make a new assignment.