Search results
Results from the WOW.Com Content Network
Regarding a court below in an appeal, either a court of first instance or an appellate court, known as the court a quo. / ˌ eɪ ˈ k w oʊ / ab extra: from outside Concerning a case, a person may have received some funding from a 3rd party. This funding may have been considered ab extra. / ˌ æ b ˈ ɛ k s t r ə / ab initio: from the beginning
[13] However, some courts continue to apply the doctrine to discredit witnesses that have previously offered false testimony. [14] In 2013, for example, the United States Court of Appeals for the Ninth Circuit held that in immigration cases, a court may "use an adverse credibility finding on one claim to support an adverse finding on another ...
A court does not care about small, trivial things. A case must have some importance in order for a court to hear it. See "de minimis non curat praetor". Also used as an adjective: "The court found that the alleged conduct was de minimis." de minimis non curat praetor: The commander does not care about the smallest things.
Pages in category "Latin legal terminology" The following 200 pages are in this category, out of approximately 315 total. This list may not reflect recent changes .
In New South Wales, a court may set aside the whole, or part, of a subpoena on the basis that it is a "fishing expedition".In Lowery v Insurance Australia Ltd, the NSW Court of Appeal held that where documents requested in the schedule of a subpoena are deemed to have no relevance to the proceedings in dispute, the subpoena may be set aside as it has no legitimate forensic purpose.
In the context of American law, a proceeding de bene esse is one "which [is] taken ex parte or provisionally and [is] allowed to stand as well done for the present." [3] A deposition that is used or intended to be used in place of a witness' live testimony in court is referred to as a de bene esse deposition.
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
The obligation of the individual to attend the court as a witness is enforced by a process of the court, particular process being the subpoena ad testificandum, commonly called the subpoena in the United States. This writ, or form, commands the witness, under penalty, to appear at a trial to give testimony.