Audi alteram partem
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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 ...
phrase In syntax and grammar, a phrase is a group of words or singular word acting as a grammatical unit. For instance, the English expression "the very happy squirrel" is a noun phrase which contains the adjective phrase "very happy". Phrases can consi ...
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 In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation. The principles of fundamental justice are specific legal principles that command "significant societal consensus" as ...
or equity or the principle of natural justice in most legal systems. This principle includes the rights of a party or its lawyers to confront the
witness In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
es against them, to have a fair opportunity to challenge the evidence 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 Ancient Greek includes the forms of the Greek language used in ancient Greece and the ancient world from around 1500 BC to 300 BC. It is often roughly divided into the following periods: Mycenaean Greek (), Dark Ages (), the Archaic p ...
dramatists. A similar principle can also be found in Islamic law, based on a
hadith Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approva ...
indicating that in litigation, both parties must be heard. The principle was referred to by the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
in the ''Nuclear Tests'' case, referring to
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...
's non-appearance at judgment. Modern legal systems differ on whether individuals can be convicted ''
in absentia is Latin for absence. , a legal term, is Latin for "in the absence" or "while absent". may also refer to: * Award in absentia * Declared death in absentia, or simply, death in absentia, legally declared death without a body * Election in ab ...
''. The principle is used in labour law matters in countries like South Africa and Zimbabwe.


Other uses

The phrase is also the origin of the name of German carmaker
Audi Audi AG () is a German automotive manufacturer of luxury vehicles headquartered in Ingolstadt, Bavaria, Germany. As a subsidiary of its parent company, the Volkswagen Group, Audi produces vehicles in nine production facilities worldwide. Th ...
. Founder August Horch 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 (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 * Trial ''in absentia''


References

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