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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.
ex parte: from [for] one party A decision reached, or case brought, by or for one party without the other party being present. ex post: from after Based on knowledge of the past. ex post facto: from a thing done afterward Commonly said as "after the fact." ex post facto law
Inter partes, Latin for 'between the parties', [1] is a law 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.
The decision in Anisminic, which held that total ouster clauses do not safeguard decisions affected by errors of law from judicial review, poses a challenge to the judgment in Smith, but the latter was affirmed by the Court of Appeal of England and Wales in R v Secretary of State for the Environment, ex parte Ostler (1976). [53]
Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866), is a landmark decision of the U.S. Supreme Court that ruled that the use of military tribunals to try civilians when civil courts are operating is unconstitutional.
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]
A Law Reference Collection, 2011, ISBN 1624680003 and ISBN 978-1-62468-000-7 Trinxet, Salvador. Trinxet Reverse Dictionary of Legal Abbreviations and Acronyms , 2011, ISBN 1624680011 and ISBN 978-1-62468-001-4 .
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.