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Sub Silentio
''Sub silentio'' is a legal Latin A number of Latin terms are used in law, 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 als ... term meaning "under silence" or "in silence". It is often used as a reference to something that is implied but not expressly stated. Commonly, the term is used when a court overrules the holding of a case without specifically stating that it is doing so.''Adkins v. Children's Hospital'', 261 U.S. 525, 564 (1923) (CJ. Taft, dissenting) ("It is impossible for me to reconcile the Bunting Case and the Lochner Case, and I have always supposed that the Lochner Case was thus overruled ''sub silentio''. Yet the opinion of the court herein in support of its conclusion quotes from the opinion in the Lochner Case as one which has been sometimes distinguished but never overruled.") References Latin le ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Latin
A number of Latin terms are used in law, 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. ''World Dictionary of Foreign Expressions: A Resource for Readers and Writers''. Ed. by Thomas J. Sienkewicz & James T. McDonough, Jr. Wauconda, Ill.: Bolchazy-Carducci Publishers, 1999. * Ruben E. Agpalo. ''Agpalo’s Legal Words and Phrases''. Manila, Philippines: Rex Book Store, 1997. * Harold Rudolf Walraven Gokkel & Nicolaas van der Wal. ''Juridisch Latijn'', 6th edn. Deventer: Kluwer, 2001. * V.G. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Holding (law)
The holding is a court's determination of a matter of law based on the issue presented in the particular case. In other words: under ''this'' law, with ''these'' facts, ''this'' result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding. The ''holding'' is the "legal principle to be drawn from the opinion (decision) of the court." Appellate review "The word 'holding' is indefinite and may refer to a trial ruling of the court upon evidence or other questions presented during the trial. Of course, no oral statement made by the court at the close of a trial, nor any written memorandum opinion filed, may be assigned as error on appeal, as the final decision in a law action is the judgment signed, based upon the court's findings of fact and conclusions of law."''Edward L. Eyre & Co. v. Hirsch'', 36 Wn.2d 439, 446 (1950) See also *''Rat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |