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Nemo Iudex In Causa Sua
''Nemo judex in causa sua'' (; also written as , , or ) is a Latin brocard that translates as "no one is judge in his own case". Originating from Roman law, it was crystallized into a phrase by Edward Coke in the 17th century and is now widely regarded as a fundamental tenet of natural justice and constitutionalism. It states that no one can judge a case in which they have an interest. In some jurisdictions, the principle is strictly enforced to avoid any appearance of bias, even when there is none: as Lord Chief Justice Hewart laid down in '' Rex v. Sussex Justices'', "Justice must not only be done, but must also be seen to be done". History The Latin brocard has its origins in the Roman legal tradition and is codified within the Corpus Juris Civilis. In 376 AD, an imperial decree established the principle that "no one shall decide his own case or interpret the law for himself" () (Code 3.5.1). Additionally, the '' Digest'' records Julianus's statement that "it is unfair f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, Latin influence in English, including English, having contributed List of Latin words with English derivatives, many words to the English lexicon, particularly after the Christianity in Anglo-Saxon England, Christianization of the Anglo-Saxons and the Norman Conquest. Latin Root (linguistics), roots appear frequently in the technical vocabulary used by fields such as theology, List of Latin and Greek words commonly used in systematic names, the sciences, List of medical roots, suffixes and prefixes, medicine, and List of Latin legal terms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jean Bodin
Jean Bodin (; ; – 1596) was a French jurist and political philosopher, member of the Parlement of Paris and professor of law in Toulouse. Bodin lived during the aftermath of the Protestant Reformation and wrote against the background of religious conflict in France. He seemed to be a nominal Catholic throughout his life but was critical of papal authority over governments. Known for his theory of sovereignty, he favoured the strong central control of a national monarchy as an antidote to factional strife. Towards the end of his life he wrote a dialogue among different religions, including representatives of Judaism, Islam and natural theology in which all agreed to coexist in concord, but was not published. He was also an influential writer on demonology, as his later years were spent during the peak of the early modern witch trials. Life Jean Bodin was successively a friar, academic, professional lawyer, and political adviser. An excursion as a politician having proved a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Legal Latin Terms
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, or anglicized Law 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 The Laws of the Twelve Tables () was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.Crawford, M.H. 'Twelve Tables' in Simon Hornbl ... 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, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Disqualification
Recusal is the legal process by which a judge, juror, or other adjudicator steps aside from participating in a case due to potential bias, conflict of interest, or appearance of impropriety. This practice is fundamental to ensuring fairness and impartiality in legal proceedings, preserving the integrity of the judiciary, and maintaining public confidence in the legal system. Historical and modern legal frameworks outline specific grounds for recusal, such as personal or financial conflicts of interest, prior involvement in a case, or demonstrated bias. Applicable statutes or canons of ethics may provide standards for recusal in a given proceeding or matter. Providing that the judge or decision-maker must be free from disabling conflicts of interest makes the fairness of the proceedings less likely to be questioned, and more likely that there is due process. Recusal laws and guidelines are established in various legal systems worldwide, including the United States, where they ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Audi Alteram Partem
(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 or the principle of natural justice in most legal systems. 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 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 h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arnett V
Arnett may refer to the following places in the United States: * Arnett, Arkansas, an unincorporated community * Arnett, Kentucky, an unincorporated community * Arnett, Missouri, an unincorporated community * Arnett, Oklahoma, a town * Arnett, Harmon County, Oklahoma, an unincorporated community * Arnett, Braxton County, West Virginia, an unincorporated community * Arnett, Raleigh County, West Virginia, an unincorporated community {{geodis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Calder V
Calder may refer to: People * Calder (surname) * Clan Calder, a Highland Scottish clan Places * Calder, Tasmania, Australia, a locality * Calder, Edmonton, a neighbourhood in the city of Edmonton, Alberta, Canada * Calder, Saskatchewan, Canada, a village * Rural Municipality of Calder No. 241, Saskatchewan, Canada, a rural municipality * Calder, Cumbria, England, a village * Calder, Saint Vincent and the Grenadines, a town on the island of Saint Vincent * Cawdor, Scotland, original name Calder, a Highland council area * River Calder (other), in Scotland, Northern England, and Australia Sports * Calder Cannons, an Australian rules football club based in Melbourne, Australia * Calder Memorial Trophy, awarded to the rookie of the year in the National Hockey League * Calder Cup, awarded to the winner of the American Hockey League playoffs * Calder Race Course, a horse racetrack in Miami Gardens, Florida, United States Other uses * Calder Abbey in northwest England * C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case '' Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or statutory law. Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. As it has si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bonham's Case
''Thomas Bonham v College of Physicians'', commonly known as ''Dr. Bonham's Case'' or simply ''Bonham's Case'', was a case decided in 1610 by the Court of Common Pleas in England, under Sir Edward Coke, the court's Chief Justice, in which it was ruled that Dr. Bonham had been wrongfully imprisoned by the College of Physicians for practising medicine without a licence. Dr. Bonham's attorneys had argued that imprisonment was reserved for malpractice not illicit practice, with Coke agreeing in the majority opinion. The case is notable because Coke argued in the decision's rationale that "in many cases, the common law will control Acts of Parliament", the act of Parliament in question being the College of Physicians Act 1553 ( 1 Mar. Sess. 2. c. 9), which gave the college the right to imprison. The meaning of this phrase has been disputed over the years. According to one interpretation, Coke intended the kind of judicial review that would later develop in the United States, but ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leviathan (Hobbes Book)
''Leviathan or The Matter, Forme and Power of a Commonwealth Ecclesiasticall and Civil'', commonly referred to as ''Leviathan'', is a book by the English philosopher Thomas Hobbes (1588–1679), published in 1651 (revised Latin edition 1668). Its name derives from the Leviathan of the Hebrew Bible. The work concerns the structure of society and legitimate government, and is regarded as one of the earliest and most influential examples of social contract theory. Written during the English Civil War (1642–1651), it argues for a social contract and rule by an absolute sovereign. Hobbes wrote that civil war and the brute situation of a state of nature (" the war of all against all") could be avoided only by a strong, undivided government. Content Title The title of Hobbes's treatise alludes to the Leviathan mentioned in the Book of Job. In contrast to the simply informative titles usually given to works of early modern political philosophy, such as John Locke's ''Two Treatises ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
