Legal Definitions - exception

An exception in a legal context refers to a specific instance, condition, or provision that deviates from a general rule, agreement, or legal requirement. It can also signify a formal disagreement with a court's decision, made to preserve an issue for potential review by a higher court.

Here are some examples of how "exception" is used in legal situations:

• Statutory Exemption: Imagine a new city ordinance that requires all restaurants to close by 11:00 PM to reduce noise in residential areas. However, the ordinance includes an exception for establishments that primarily serve breakfast and open before 6:00 AM, allowing them to operate during early morning hours without penalty.

  This illustrates an exception as a specific provision within a law that exempts certain situations or entities (breakfast restaurants) from a general rule (11:00 PM closing time), recognizing their unique operational needs.

• Contractual Exclusion: Consider a contract for the sale of a large piece of land. The agreement states that the buyer will acquire all mineral rights beneath the property, with the specific exception of any oil and gas rights, which the seller retains for themselves.

  In this scenario, the exception clearly defines a particular element (oil and gas rights) that is excluded from the general scope of the sale, modifying the overall terms of the contract.

• Procedural Objection: During a court trial, a lawyer for the defense objects to a witness's testimony, arguing it is based on hearsay. The judge considers the objection and decides to overrule it, allowing the testimony. To ensure this disagreement can be reviewed by an appeals court later, the defense lawyer formally "takes exception" to the judge's ruling.

  Here, "taking exception" is a formal legal step taken by a party to register their disagreement with a court's decision, signaling their intent to preserve that specific issue for a potential appeal to a higher court.