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Herbert Broom′s text of 1858 on legal maxims lists the phrase under the heading ″Rules of logic″, stating: Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. [9] ceteris paribus: with other things the same More commonly rendered in English as "All other things being equal."
In law, a de bene esse deposition is used to preserve the testimony of a witness who is expected not to be available to appear at trial and be cross-examined. de bonis asportatis: carrying goods away: In law, trespass de bonis asportatis was the traditional name for larceny, i.e., the unlawful theft of chattels (moveable goods). de dato: of the ...
A. Ab initio; Abjuration; Accessio (Roman law) Actio Pauliana; Actio personalis moritur cum persona; Actus reus; Ad colligenda bona; Ad idem; Ad litem; Ad quod damnum
A judicial remedy ordering a lower court, government entity, or public authority to do something (or refrain from doing something) as required by law. malum quo communius eo peius: the more common an evil is, the worse it is: manibus date lilia plenis: give lilies with full hands
the court knows the law: Legal principle in civil law countries of the Roman-German tradition that says that lawyers need not argue the law, as that is the office of the court. Sometimes miswritten as iura novat curia (the court renews the laws). iure matris: in right of his mother: Indicates a right exercised by a son on behalf of his mother ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
Law Latin was the language in which the legal opinions of English courts were recorded at least until the reign of George II. Under his reign, the Proceedings in Courts of Justice Act 1730 (effective from 1733), mandated that all records of legal proceedings in England were to be made in English rather than Latin.
The US government explicitly referred to the maxim in its argument in the case by remarking (with an additional reference to Cicero) that "these [amendments of the Bill of Rights], in truth, are all peace provisions of the Constitution and, like all other conventional and legislative laws and enactments, are silent amidst arms, and when the ...