Also known as: by operation of law · by law
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase indicating that a legal right, obligation, transfer, or consequence arises automatically by operation of law rather than by agreement, consent, or other voluntary act of the parties.
After federal agents arrest Ethan Evans on drug charges, the government files an indictment. Ethan's right to a speedy trial arises ex lege under the Sixth Amendment without any further action by the parties. The clock for measuring delay begins to run from that filing.
Judge Emily Ellis receives an invitation to speak at a private law-school fundraiser. Her obligation to decline the engagement arises ex lege under the judicial conduct rules because the duties of judicial office automatically supersede all personal activities.
Select any source to read its text and confirm it supports the definition.
Former government lawyer Ezra Eastman joins a firm representing a client adverse to a person about whom Ezra learned confidential information while in public service. The disqualification from representation arises ex lege under the professional conduct rules even though Ezra never signed a confidentiality agreement with the affected person.
Edward Everett dies owning real property in State A held as tenants by the entirety with his spouse. Title to the entire parcel passes ex lege to the surviving spouse under the law of the situs without any deed or probate proceeding.
While driving, Enzo Eastwood fails to maintain a proper lookout and collides with another vehicle. Liability for negligence arises ex lege because his conduct falls below the standard established by law for the protection of others against unreasonable risk of harm.
An officer observes Eileen Epstein leaving a known drug house with a package matching a recent theft report and receives a reliable tip confirming her involvement. Probable cause to arrest arises ex lege from those facts and circumstances at the moment of the encounter.
Rights ex lege arise automatically from facts to which the law attaches legal consequences without any agreement between the parties. Rights ex contractu, by contrast, originate solely from a contract voluntarily formed by the parties.
Supporting sources
Yes. Transfers by operation of law such as intestate succession, adverse possession, foreclosure, or tax sale pass title without any deed from the transferor, although a fiduciary may later execute a deed to perfect record title.
No. The defining feature of ex lege consequences is that they attach by force of law alone once the triggering facts occur, regardless of whether the party intended or consented to the result.
Supporting sources
…letters patent. The President cannot authorize a Secretary of State to omit the performance of those duties which are enjoined by law. When a commission for an officer not holding his office at the will of the President is by him signed and transmitted to the Secretary of State to be sealed and recorded, it is…