exceptio
exceptio — noun
1. in a lawsuit, a formal objection raised by the defendant to argue that the plain
in a lawsuit, a formal objection raised by the defendant to argue that the plaintiff's case cannot continue because of a specific legal problem, such as the court lacking authority or the time allowed by law having run out.
Talia's lawyer raised an exceptio, arguing that the court had no authority to hear the case.
raise an exceptio + that-clause for legal objection
Before the trial could begin, the judge had to decide whether the exceptio was valid.
The defendant's exceptio claimed that the two-year limit for filing the lawsuit had already passed.
Mateo's legal team spent a month preparing the exceptio and supporting documents for the court.
- objection
broader term used in any legal setting; less technical and broader in scope than 'exceptio'
- plea in bar
a type of defense that defeats the plaintiff's entire claim, producing a similar procedural effect to an exceptio
文法句型
raise/file an exceptio
exceptio + that-clause
用法筆記
Used primarily in civil-law legal systems; the exceptio is raised by the defendant before the main arguments on the case begin. Not to be confused with a general 'defense' that addresses the merits of the claim itself.