Also known as: exempt · exempts · exempted · exempting · exemptions · immunity
Written by attorneys · grounded in primary & secondary sources — see below
An exception granted by law or court order that relieves a person or entity from complying with a general legal requirement or from incurring liability. The exception may arise from a privilege, a statutory carve-out, or a constitutional protection and operates only when the specific conditions for the exemption are satisfied.
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Emmett Egan is called to testify about a conversation he had with his attorney. The court rules that the attorney-client privilege applies to the subject matter. Because the privilege exempts him from testifying, the court declares him unavailable under the evidence rules.
Ezra Eastman orally promises his neighbor an access easement across his land. The neighbor begins using the path and spends money improving it. Because no written instrument exists, the burden is unenforceable unless an exemption from the Statute of Frauds applies.
Edward Everett is fired after using peyote during a religious ceremony. State law prohibits the substance and denies unemployment benefits to those dismissed for its use. The Free Exercise Clause does not require an exemption from the neutral, generally applicable prohibition.
Esme Ellington signs a written agreement before marriage waiving her right to elect against her spouse's will and to claim homestead allowance or exempt property. The agreement is enforceable without consideration because the statute permits such waivers only in signed writings.
Elliot Edmonds serves document requests on the defendant before the parties hold their Rule 26(f) conference. The case is not one of the proceedings exempted from initial disclosure. The requests are therefore premature and may not be pursued without a court order or stipulation.
Evelyn Ellison has used a path across her neighbor's land openly and adversely for the full prescriptive period. The use creates an immunity protecting her from liability for continuing to use the path during that period.
A declarant is unavailable when a court rules that a privilege exempts the declarant from testifying about the subject matter of the statement. This satisfies one of the listed grounds for unavailability.
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No. The burden is unenforceable and the benefit terminable at will unless an applicable exemption exists or the transaction falls within a recognized exception such as estoppel or part performance.
…abortion conviction was affirmed. In Thompson , n. 2, the court observed that any issue as to the burden of proof under the exemption of Art. 1196 "is not before us." But see Veevers v. State , 172 Tex. Cr. R. 162, 168-169, 354 S. W. 2d 161, 166-167 (1962). Cf. United States v. Vuitch , 402 U. S. 62, 69-71…
…declines to place children with same-sex married couples. Indeed, the Solicitor General candidly acknowledged that the tax exemptions of some religious institutions would be in question if they opposed same-sex marriage. See Tr. of Oral Arg. on Question 1, at 36–38. There is little doubt that these and similar questions…
…(1987). Those cases, the Court explained, stand for "the proposition that where the State has in place a system of individual exemptions, it may not refuse to extend that system to cases of religious hardship without compelling reason." 494 U. S., at 884 (internal quotation marks omitted). By contrast, where a general…
…how its unquestionably legitimate interest in compulsory education to age 16 would be adversely affected by granting an exemption to the Amish. Pp. 229-234. (e) The Amish have introduced persuasive evidence that their manner of life and their religious beliefs are inseparable, and that the enforcement of the State's…
…S., at 660; see also McConnell , 540 U. S., at 203–204; Beaumont , 539 U. S., at 162–163. For starters, both statutes provide exemptions
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The clause does not require an exemption from a neutral, generally applicable law that incidentally burdens religious practice. Strict scrutiny applies only when the law is not generally applicable or targets religion.
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The rights may be waived only by a written agreement signed by the surviving spouse. The agreement is enforceable without consideration.
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A party may not seek discovery before the conference unless the proceeding is exempted from initial disclosure, the rules authorize it, the parties stipulate, or the court orders otherwise.
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Adverse use for the prescriptive period results in an immunity protecting the user from liability for the acts of use during that period.
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