''Sub silentio'' is a
legal Latin
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.
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Common law
Civil law
Ecclesiastical law
See also
* B ...
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 legal terminology
{{Latin-legal-phrase-stub