Absque tali causa: This Latin phrase is employed in legal contexts to indicate “without such cause.” In the realm of common-law pleading, it formed part of a larger expression utilised by a plaintiff to refute a defendant’s excuse. For instance, if a defendant asserted self-defence in an assault case, the plaintiff could respond by stating that the defendant was responsible for their own wrongdoing, which was not justified as claimed.
absque tali causa, meaning “without such cause” in Law Latin, was commonly used in common-law pleading. It formed part of the phrase “de injuria sua propria, absque tali causa,” which translates to “of his own wrong, without such cause.” This phrase was employed by a plaintiff to counter a defendant’s excuse in a trespass case. For instance, if a defendant claimed self-defence as the reason for hitting the plaintiff, the plaintiff could respond by asserting that the defendant was guilty of their own wrongdoing without the alleged valid cause.
To illustrate, in a court case where someone is accused of trespassing on another person’s property, the defendant may argue that they had a legitimate reason for being there. However, if the plaintiff disagrees and believes that the defendant had no valid reason, they can employ the phrase “absque tali causa” to argue that the defendant is indeed guilty of trespassing without a valid cause.
“Absque Tali Causa” is a Latin term that translates to “without such cause.” It is a legal principle that refers to an action or decision made without a valid reason or justification.
In legal cases, “Absque Tali Causa” can be invoked to challenge the validity of a decision or action taken by a court or administrative body if it is deemed to lack a proper legal basis.
Yes, if it can be proven that the prosecution’s case lacks a valid legal basis or justification, the defence can argue “Absque Tali Causa” to challenge the charges.
Yes, “Absque Tali Causa” can be invoked in civil lawsuits to challenge the validity of a claim or action taken by the opposing party if it lacks a proper legal basis.
To prove that an action was taken without a valid legal basis, one must provide evidence that demonstrates the absence of any justifiable reason or justification for the action.
Yes, if a government decision is made without a proper legal basis or justification, “Absque Tali Causa” can be invoked to challenge its validity.
If an action is found to lack a valid legal basis, the court or administrative body may declare it null and void, and any consequences or penalties resulting from the action may be reversed or invalidated.
Yes, if a contract is entered into without a valid legal basis or justification, “Absque Tali Causa” can be invoked to challenge its enforceability.
Yes, “Absque Tali Causa” is a well-established legal principle that has been recognized and applied in various legal systems around the world.
Yes, if an administrative decision is made without a valid legal basis, “Absque Tali Causa” can be invoked as a defence to challenge the decision’s validity and seek its reversal.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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