Ad pares casus is a Latin phrase employed in the legal field, signifying “to similar cases.” This implies that when a judge is deliberating on a decision, they will examine other cases that bear resemblance to the one at hand in order to arrive at a fair and equitable judgement. It can be likened to referencing analogous scenarios to resolve a novel problem.
Ad pares casus, a Latin term used in law, refers to the principle of using past cases with similar circumstances to make decisions in current cases. This principle ensures consistency and fairness in legal rulings. For instance, if a court has previously ruled that a certain action is illegal in a case with similar circumstances, they may apply ad pares casus to rule the same action as illegal in the current case. Similarly, lawyers can utilise past cases with similar circumstances to argue their client’s case in court. These examples demonstrate the practical application of ad pares casus.
Ad pares casus is a Latin term that means “similar cases should be treated alike.” It is a legal principle that suggests similar cases should be decided in a similar manner.
Ad pares casus is used to argue for consistency and fairness in legal decisions. It is often invoked to support the idea that similar cases should be treated with the same legal reasoning and outcome.
If ad pares casus is not followed, it can lead to inconsistent and unfair legal decisions. This can undermine the principles of justice and equality under the law.
Ad pares casus is a guiding principle in many legal systems, but it may not always be applicable in every case. The specific facts and circumstances of each case will determine whether ad pares casus is relevant.
Ad pares casus is closely related to the concept of legal precedent. Both principles emphasize the importance of consistency and fairness in legal decision-making.
Yes, ad pares casus can be used to argue for a different outcome in a case if similar cases have been decided differently. It can be used to challenge inconsistent legal decisions.
Ad pares casus is not always a binding legal principle, but it is often considered persuasive in legal arguments. Courts may consider ad pares casus when making decisions, but they are not always required to follow it.
In criminal law, ad pares casus can be used to argue for consistent treatment of defendants who are in similar circumstances. It can be invoked to challenge disparities in sentencing and other legal outcomes.
Yes, ad pares casus can be used in civil cases to argue for consistent treatment of similar claims and legal issues. It can be a persuasive tool in civil litigation.
If you believe ad pares casus has not been followed in your case, you should consult with a qualified attorney to discuss your options for challenging the legal decision. An attorney can help you understand how ad pares casus may apply to your situation and how to proceed.
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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