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Term used in contract law to specify terms that are voided or confirmed in effect from the execution of the contract. Cf. ex nunc. Ex turpi causa non oritur actio: ex nunc: from now on Term used in contract law to specify terms that are voided or confirmed in effect only in the future and not prior to the contract, or its adjudication. Cf. ex ...
Although Edward Law, 1st Baron Ellenborough (pictured) rejected a categorical application of the rule falsus in uno, falsus in omnibus for English courts in the year 1809, the doctrine survives in some American jurisdictions. [1] Falsus in uno, falsus in omnibus is a Latin [2] maxim [3] meaning "false in one thing, false in everything". [4]
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.
Voir dire (/ ˈ v w ɑːr d ɪər /; often / v ɔɪ r d aɪər /; from an Anglo-Norman term in common law meaning "to speak the truth") is a legal term for procedures during a trial that help a judge decide certain issues: Prospective jurors are questioned to decide whether they can be fair and impartial.
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.
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.
A Roman legal principle indicating that a witness who willfully falsifies one matter is not credible on any matter. The underlying motive for attorneys to impeach opposing witnesses in court: the principle discredits the rest of their testimony if it is without corroboration. familia supra omnia: family over everything: frequently used as a ...
Said of a request, usually by a court, that must be complied with on pain of punishment. Examples include sub poena duces tecum ("take with you under penalty"), a court summons to appear and produce tangible evidence, and sub poena ad testificandum ("under penalty to testify"), a summons to appear and give oral testimony. sub rosa: under the rose