英文法律词典 E-31

EXAMINATION, practice. The interrogation of a witness, in order to ascertain¹ his knowledge as to the facts in dispute between parties. When the examination is made by the party who called the witness, it is called an examination in chief. When it is made by the other party, it is known by the name of cross-examination. (q. v.)

2. The examination is to be made in open court, when practicable; but when,: on account of age, sickness, or other cause, the witness cannot be so examined, then it may be made before authorized² commissioners³. In the examination in chief the counsel cannot ask leading questions, except in particular cases. Vide Cross-examination; Leading question.

3. The laws of the several states require the private examination of a feme covert⁴ before a competent officer, in order to pass her title to her own real estate or the interest she has in that of her hushand: as to the mode in which this is to be done, see Acknowledment. See, also, 3 Call, R. 394; 5 Mason's R. 59; 1 Hill, R. 110; 4 Leigh, R. 498; 2 Gill & John. 1; 3 Rand. R. 468 1 Monr. R. 49; 3 Monr. R. 397; 1 Edw. R. 572; 3 Yerg. R. 548 1 Yerg. R. 413 3 J. J. Marsh⁵. R. 241 2 A. K. Marsh. R. 67; 6 Wend. R. 9; 1 Dall. 11, 17; 3 Yeates, R. 471; 8 S. & R. 299; 4 S. & R. 273.

EXAMINED COPY. This phrase is applied⁶ to designate a paper which is a copy of a record, public book, or register, and which has been compared with the original. 1 Campb. 469.

2. Such examined copy is admitted in evidence, because of the public inconvenience which would arise, if such record, public book, or register, were removed from place to place, and because any fraud or mistake made in the examined copy would be so easily, detected. 1 Greenl. Ev. §91; 1 Stark⁷. Ev. 189-191. But an answer in chancery, on which the defendant⁸ was indicted⁹ for perjury¹⁰, or where the original must be produced in order to identify the party by proof of handwriting, an examined copy would not be evidence. 1 M. & Rob. 189. Vide Copy.

EXAMINERS, practice. Persons appointed to question students of law, in order to ascertain their qualifications before they are admitted to practice. Officers in the courts of chancery whose duty it is to examine witnesses, are also called examiners. Com. Dig. Chancery, P 1. For rules as to the mode of taking examinations, see Gresl. Eq. Ev. pt. 1, c, 3, s. 2.

EXAMPLE. An example is a case put to illustrate¹¹ a. principle. Examples illustrate, but do not restrain or change the laws: illustrant non restringunt legem. Co. Litt. 24, a.

EXCAMBIATOR. The name of an exchanger of lands; a broker¹². This term is now obsolete¹³.

EXCAMBIUM. Exchange. (q. v.)

EXCEPTIO REI JUDICATAE, civil law. The name of a plea by which the defendant alleges¹⁴ that the matter in dispute between the parties has been before adjudged. See Res judicata.