Legal Definitions - ex

The term "ex" is used in legal contexts as both a prefix and an abbreviation, carrying several distinct meanings depending on its usage.

• As a prefix meaning "from," "out of," "by virtue of," or "after."
  • Ex partecommunication: This refers to a communication made to a judge or jury by one party to a lawsuit without the other party being present or having notice. Such communications are generally prohibited to ensure fairness and impartiality in legal proceedings.
    • Example: During a contentious divorce case, one spouse's attorney attempts to send an email directly to the judge explaining their client's financial struggles, without copying the opposing counsel.
    • Explanation: This would be an ex parte communication because it was made "from" one party to the judge without the knowledge or presence of the other party, violating the principle of fair process.
  • Ex post factolaw: A law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In many legal systems, including the U.S., such laws are generally prohibited, especially in criminal matters, to protect individuals from being punished for actions that were legal when they occurred.
    • Example: A state legislature passes a new law making it a felony to possess a certain type of antique firearm. The law then states that anyone who owned such a firearm *before* the law was passed can be prosecuted.
    • Explanation: This would be an ex post facto law because it seeks to punish individuals "after the fact" for an action (owning the firearm) that was legal at the time it occurred, which is typically unconstitutional.
  • Ex officiomember: Someone who is a member of a board or committee by virtue of holding another office or position. Their membership is automatic due to their primary role.
    • Example: The CEO of a large corporation automatically holds a seat on the company's board of directors as an ex officio member.
    • Explanation: The CEO is a member of the board "by virtue of" their primary office as CEO, not through a separate election or appointment process.
• As a prefix meaning "without."
  • Ex-dividendstock: When a stock trades ex-dividend, it means that a buyer of the stock will not receive the next scheduled dividend payment. The seller, who owned the stock before the ex-dividend date, will receive the dividend.
    • Example: An investor purchases shares of Company X on the day the stock goes ex-dividend.
    • Explanation: The investor buys the stock "without" the right to receive the upcoming dividend payment, as that right remains with the seller.
  • Ex-rightsshares: Shares of a company that are trading ex-rights mean that they are being sold "without" the attached right to subscribe to new shares being offered by the company, typically at a discount. The right to subscribe remains with the previous owner.
    • Example: A shareholder sells their stock after a company announces a rights issue but before the ex-rights date. The buyer then receives the shares but not the separate "rights" to purchase additional shares.
    • Explanation: The shares are transferred "without" the accompanying right to participate in the new share offering, as that right was either retained by the seller or sold separately.
• As an abbreviation for "Exhibit."
  • Exhibit in court: In legal proceedings, an "exhibit" is a document, object, or other piece of evidence formally introduced and identified in court. "Ex." is often used to refer to these.
    • Example: During a trial, the prosecutor refers to a photograph of the crime scene, stating, "Please refer to Ex. A, the photograph taken at 3:00 PM on the day of the incident."
    • Explanation: "Ex. A" is used as an abbreviation for "Exhibit A," identifying a specific piece of evidence presented to the court.
  • Exhibit in a contract: In contract law, an "exhibit" often refers to an attachment or appendix to a main agreement that contains additional details, schedules, or documents referenced within the main contract.
    • Example: A real estate purchase agreement states, "The property description is detailed in Ex. B, attached hereto."
    • Explanation: "Ex. B" serves as an abbreviation for "Exhibit B," directing the reader to an attached document that provides the specific property description.