Audiatur Et Altera Pars
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(or ) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them. "Audi alteram partem" is considered to be a principle of fundamental justice or
equity Equity may refer to: Finance, accounting and ownership * Equity (finance), ownership of assets that have liabilities attached to them ** Stock, equity based on original contributions of cash or other value to a business ** Home equity, the dif ...
or the principle of natural justice in most
legal system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history an ...
s. This principle includes the rights of a party or its lawyers to confront the witnesses against them, to have a fair opportunity to challenge the
evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...
presented by the other party, to summon one's own witnesses and to present evidence, and to have counsel, if necessary at public expense, in order to make one's case properly.


History of use

As a general principle of rationality in reaching conclusions in disputed matters, "Hear both sides" was treated as part of common wisdom by the ancient Greek dramatists. A similar principle can also be found in Islamic law, based on a hadith indicating that in litigation, both parties must be heard. The principle was referred to by the International Court of Justice in the ''Nuclear Tests'' case, referring to France's non-appearance at judgment. Modern legal systems differ on whether individuals can be convicted '' in absentia''. The principle is used in
labour law Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...
matters in countries like South Africa and Zimbabwe.


Other uses

The phrase is also the origin of the name of German carmaker Audi. Founder
August Horch August Horch (12 October 1868 – 3 February 1951) was a German engineer and automobile pioneer, the founder of the manufacturing giant which would eventually become Audi. Beginnings Horch was born in Winningen, Rhenish Prussia. His init ...
had left his previous company, Motorwagenwerke, after a dispute with partners and founded a new company on 16 July 1909, initially named the ''August Horch Automobilwerke GmbH''. His former partners sued him for trademark infringement, and the German
Reichsgericht The Reichsgericht (, ''Reich Court'') was the supreme criminal and civil court in the German Reich from 1879 to 1945. It was based in Leipzig, Germany. The Supreme Court was established when the Reichsjustizgesetze (Imperial Justice Laws) came in ...
(Supreme Court) ruled that the Horch brand belonged to his former company.Audi History
audiusa.com
Horch therefore called a meeting with close business friends Paul and Franz Fikentscher, to come up with a new name for the company. During this meeting, Franz's son was quietly studying Latin in a corner of the room. Several times he looked like he was on the verge of saying something but would just swallow his words and continue working, until he finally blurted out, "Father – ''audiatur et altera pars''... wouldn't it be a good idea to call it ''audi'' instead of ''horch''?" "Horch!" in German means "Hark!" or "hear", which is "Audi" in the singular imperative form of "audire" – "to listen" – in Latin. The idea was enthusiastically accepted by everyone attending the meeting, and the company was registered as ''Audi Automobilwerke GmbH Zwickau'' in 1910.


See also

* *
Right of reply The right of reply or right of correction generally means the right to defend oneself against public criticism in the same venue where it was published. In some countries, such as Brazil, it is a legal or even constitutional right. In other countrie ...
* Trial ''in absentia''


References

{{Use dmy dates, date=November 2020 Brocards (law) Latin legal terminology Legal doctrines and principles