| 1. | (Law) From or by an after act, or thing done afterward; in consequence of a subsequent act; retrospective. |
| Adj. | 1. | ex post facto - affecting things past; "retroactive tax increase"; "an ex-post-facto law"; "retro pay" Synonyms: retro, retroactive |
EX POST FACTO, contracts, crim. law. This is a technical expression, which
signifies, that something has been done after another thing, in relation to
the latter.
2. An estate granted, may be made good or avoided by matter ex post
facto, when an election is given to the party to accept or not to accept. 1
Co. 146.
3. The Constitution of the United States, art. 1, sec. 10, forbids the
states to pass any ex post facto law; which has been defined to be one which
renders the act punishable in a manner in which it was not punishable when
it was committed. 6 Cranch, 138. This definition extends to laws passed
after the act, and affecting a person by way of punishment of that act,
either in his person or estate. 3 Dall. 386; 1 Blackf. Ind. R. 193 2 Pet. U.
S. Rep. 413 1 Kent, Com. 408; Dane's Ab. Index, h.t.
4. This prohibition in the constitution against passing ex post facto
law's, applies exclusively to criminal or penal cases, and not to civil
cases. Serg. Const. Law, 356. Vide 2 Pick. R. 172; 11 Pick. R. 28; 2 Root,
R. 350; 5 Monr. 133; 9 Mass. R. 363; 3 N. H. Rep. 475; 7 John. R. 488; 6
Binn. R. 271; 1 J. J. Marsh, 563; 2 Pet. R. 681; and the article
Retrospective.
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