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In law, ex parte (/ ɛ k s ˈ p ɑːr t eɪ,-iː /) is a Latin term meaning literally "from/out of the party/faction [1] of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present.
To get a warrant, police must present a judge with an ITO (information to obtain) form that contains reasonable and probable grounds to believe an offence has been or is being committed and that the authorization sought will afford evidence of that offence. This hearing is ex parte, meaning only the crown is present. This fact obliges the ...
The order is named after the 1975 English case of Anton Piller KG v Manufacturing Processes Limited, dealing with the theft of trade secrets, [1] although the first reported such order was granted by Templeman J earlier that year. [2] They are now formally known as search orders in England and Wales, [3] New Zealand, [4] Australia, [5] and ...
Ex parte Young, 209 U.S. 123 (1908), is a United States Supreme Court case that allows suits in federal courts for injunctions against officials acting on behalf of states of the union to proceed despite the State's sovereign immunity, when the State acted contrary to any federal law or contrary to the Constitution. [1]
This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the ...
In Ex Parte Steenkamp and Steenkamp, an important case in the South African law of succession, Mr. and Mrs. K. bequeathed a farm and certain movable property to their children born and to be born of their daughter. Their son-in-law subsequently murdered Mr. and Mrs. K.
In law, inter partes (law Latin for 'between the parties' [1]) is a legal term that can be distinguished from in rem, which refers to a legal action whose jurisdiction is based on the control of property, or ex parte, which refers to a legal action that is by a single party.
Ex Parte Estate Davies 1957 (3) SA 471 (N). The Law of South Africa. 2nd Ed. LexisNexis. 2003. Volume 31. Paras 224, 240, 325 & 326. The Law of South Africa. Volume 31. Butterworths. Durban and Pretoria. 1988. Paras 158 and 171. pp 103, 119 & 160. H R Hahlo and Ellison Kahn.The Union of South Africa: The Development of Its Laws and Constitution.