Curia Advisari Vult
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Curia Advisari Vult
''Curia advisari vult'' is a Latin legal term meaning "the court wishes to consider the matter" (literally, "the court wishes to be advised"), a term reserving judgment until some subsequent day. It often appears in case reports, abbreviated as "Cur. adv. vult", or sometimes "c.a.v." or "CAV", when the bench takes time for deliberation after hearing counsel's submissions. In the case under consideration, the effect of the order is that nothing is adjudged and the Court will relist the matter to deliver judgment but may hear further argument. The court remains seized of jurisdiction and may make further interlocutory orders, for example, to prevent a party from dealing with an asset which may be the subject of litigation or may be sold in satisfaction of a judgment debt; counsel remain under the duty to the court not to withhold relevant law and, if counsel becomes aware of a relevant authority, must seek to relist the matter for further argument. If the case is being used as a pr ...
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Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjuga ...
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Legal
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions ...
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Judgment (law)
In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.''Black’s Law Dictionary'' 970 (10th ed. 2014). The phrase "reasons for judgment" is often used interchangeably with "judgment," although the former refers to the court's justification of its judgment while the latter refers to the final court order regarding the rights and liabilities of the parties. As the main legal systems of the world recognize either a common law, statutory, or constitutional duty to provide reasons for judgment, drawing a distinction between "judgment" and "reasons for judgment" may be unnecessary in most circumstances. Spelling Judgment is considered a "free variation" word, and the use of either ''judgment'' or ''judgement'' (with an e) is considered acceptable. This variation arises depend ...
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Interlocutory
Interlocutory is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and conclusion of a cause of action, used to provide a temporary or provisional decision on an issue. Thus, an interlocutory order is not final and is not subject to immediate appeal. In many U.S. legal systems, interlocutory orders are not appealable, save for in a few extraordinary cases. Interlocutory orders are orders that are issued by a court while a case is still ongoing, before the final resolution of the case. When the case is concluded, any aspect of an interlocutory order that has not become moot may be challenged in an appeal from the final judgment. However, in other legal systems, such as in England and Wales, in Hong Kong, and in Canada, interlocutory orders in civil matters can be appealed by leave of the appellate court. In criminal matters in Canada, the general rule is that there are no interlocutory appeals, exce ...
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Ex Tempore
''Ex tempore'' (Latin for "out of the moment“) is a legal term that means 'at the time'. A judge who hands down a decision in a case soon or straight after hearing it is delivering a decision ''ex tempore''. Another way a judge may deliver a decision is to reserve their decision and deliver it later in written form. An ''ex tempore'' judgment, being off the cuff, does not entail the same preparation as a reserved decision. Consequently, it will not be thought out to the same degree. In Australia, intermediate-level courts tend to have a heavy case load, and so many decisions are delivered ''ex tempore'' for reasons of time and necessity. Because many decisions are ''ex tempore'', intermediate-level courts' decisions are not binding on inferior courts - that is to say, that in New South Wales, the District Court's decisions are not binding on the Local Court (see Valentine v Eid (1992) 27 NSWLR 615 and ''stare decisis''). Ex tempore decisions are not binding on later courts due ...
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Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ...
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Avizandum
Avizandum (from Late Lat. ''avizare'', "to consider"), a Scots law term; the judge "makes avizandum with a cause," i.e. takes time to consider their judgment. Compare to curia advisari vult ''Curia advisari vult'' is a Latin legal term meaning "the court wishes to consider the matter" (literally, "the court wishes to be advised"), a term reserving judgment until some subsequent day. It often appears in case reports, abbreviated as "C ..., the term used in the English tradition. Notes References * Further reading * Scots law legal terminology Latin legal terminology {{Scotland-law-stub ...
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List Of Latin Legal Phrases
A number of Latin terms are used in legal terminology and legal maxims. This is a partial list of these terms, which are wholly or substantially drawn from Latin. __TOC__ Common law Civil law Ecclesiastical law See also * Brocard (law) * Byzantine law * Code of Hammurabi * Corpus Juris Canonici * International Roman Law Moot Court * Law French * List of Latin abbreviations * List of Latin phrases (full) * List of fallacies * List of Philippine legal terms * List of Roman laws * Twelve Tables Notes References * Gabriel Adeleye & Kofi Acquah-Dadzie Kofi Acquah-Dadzie is a Ghanaian academic, jurist and writer based in Botswana. He was the Assistant Registrar and Master of the High Court of Botswana. Early life and education Acquah-Dadzie was born in 1939 at Juaso in the Ashanti Region o .... ''World Dictionary of Foreign Expressions: A Resource for Readers and Writers''. Ed. by Thomas J. Sienkewicz & James T. McDonough, Jr. Wauconda, Ill.: Bolchazy ...
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Ex Tempore
''Ex tempore'' (Latin for "out of the moment“) is a legal term that means 'at the time'. A judge who hands down a decision in a case soon or straight after hearing it is delivering a decision ''ex tempore''. Another way a judge may deliver a decision is to reserve their decision and deliver it later in written form. An ''ex tempore'' judgment, being off the cuff, does not entail the same preparation as a reserved decision. Consequently, it will not be thought out to the same degree. In Australia, intermediate-level courts tend to have a heavy case load, and so many decisions are delivered ''ex tempore'' for reasons of time and necessity. Because many decisions are ''ex tempore'', intermediate-level courts' decisions are not binding on inferior courts - that is to say, that in New South Wales, the District Court's decisions are not binding on the Local Court (see Valentine v Eid (1992) 27 NSWLR 615 and ''stare decisis''). Ex tempore decisions are not binding on later courts due ...
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Reserved Decision
In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.''Black’s Law Dictionary'' 970 (10th ed. 2014). The phrase "reasons for judgment" is often used interchangeably with "judgment," although the former refers to the court's justification of its judgment while the latter refers to the final court order regarding the rights and liabilities of the parties. As the main legal systems of the world recognize either a common law, statutory, or constitutional duty to provide reasons for judgment, drawing a distinction between "judgment" and "reasons for judgment" may be unnecessary in most circumstances. Spelling Judgment is considered a "free variation" word, and the use of either ''judgment'' or ''judgement'' (with an e) is considered acceptable. This variation arises dependin ...
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Latin Legal Terminology
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjuga ...
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Common Law Legal Terminology
Common may refer to: Places * Common, a townland in County Tyrone, Northern Ireland * Boston Common, a central public park in Boston, Massachusetts * Cambridge Common, common land area in Cambridge, Massachusetts * Clapham Common, originally common land, now a park in London, UK * Common Moss, a townland in County Tyrone, Northern Ireland * Lexington Common, a common land area in Lexington, Massachusetts * Salem Common Historic District, a common land area in Salem, Massachusetts People * Common (rapper) (born 1972), American hip hop artist, actor, and poet * Andrew Ainslie Common (born 1841), English amateur astronomer * Andrew Common (born 1889), British shipping director * John Common, American songwriter, musician and singer * Thomas Common (born 1850), Scottish translator and literary critic Arts, entertainment, and media * ''Common'' (film), a 2014 BBC One film, written by Jimmy McGovern, on the UK's Joint Enterprise Law * Dol Common, a character in ''The Alchemist'' b ...
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