Exception is a thing, concept, or person that does not follow the rule, or is excluded from the general statement/condition. Some common uses of the term “exception” in a legal sense include:
- In the context of criminal law, when the defendant relies on an exception, “it constitutes an affirmative defense, which the defendant must establish to prevail in the case”, as cited by the case of State of Oregan v. Moravek 297 Or. App. 763.
- In contracts, statutes, and deeds,an exception is a statement that something is not included, as in "Landlord rents to Tenant the first floor, with the exception of the storage room.”
- To "take exception" to a judge's ruling, is a way a lawyer might tell a judge that they disagree.
[Last updated in January of 2022 by the Wex Definitions Team]