Ad Proximnm Antecedens Fiat Rela Tio Nisi Impediatnr Sententia is a Latin legal maxim that means “a relation is presumed to exist between the nearest antecedent and the consequent, unless the sentence prevents it.” This principle is often used in legal reasoning to establish a causal link between two events or actions. It suggests that if there is a close temporal or causal connection between two events, then it is presumed that one caused the other, unless there is evidence to the contrary. However, this presumption can be rebutted if there is a legal impediment that prevents the relationship from existing.
Q: What does “Ad Proximnm Antecedens Fiat Rela Tio Nisi Impediatnr Sententia” mean?
A: “Ad Proximnm Antecedens Fiat Rela Tio Nisi Impediatnr Sententia” is a Latin phrase that translates to “Let the relation be made to the nearest antecedent unless the sense prevents it.” It is a legal principle used in interpreting statutes or contracts.
Q: How is the principle of “Ad Proximnm Antecedens Fiat Rela Tio Nisi Impediatnr Sententia” applied?
A: This principle is applied when interpreting a statute or contract that contains a list of items or conditions. It suggests that the closest antecedent should be considered as the referent, unless the overall context or sense of the provision suggests otherwise.
Q: Why is the principle of “Ad Proximnm Antecedens Fiat Rela Tio Nisi Impediatnr Sententia” important?
A: This principle helps in determining the correct interpretation of a statute or contract by providing guidance on how to understand the relationship between different elements or conditions mentioned in the text. It ensures that the interpretation is consistent with the intention of the drafters.
Q: Are there any exceptions to the principle of “Ad Proximnm Antecedens Fiat Rela Tio Nisi Impediatnr Sententia”?
A: Yes, there can be exceptions to this principle. If the overall context or sense of the provision suggests that a different antecedent should be considered, then the principle may not apply. The intention of the drafters and the purpose of the statute or contract should be taken into account.
Q: How does the principle of “Ad Proximnm Antecedens Fiat Rela Tio Nisi Impediatnr Sententia” affect legal interpretation?
A: This principle guides judges, lawyers, and other legal professionals in interpreting statutes or contracts. It helps in resolving ambiguities or uncertainties by providing a rule to determine the referent of a list or condition. It promotes consistency and fairness in legal decision-making.
Q: Can the principle of “Ad Proximnm Antecedens Fiat Rela Tio Nisi Impediatnr Sententia” be overridden by other legal principles?
A: Yes, other legal principles, such as the plain meaning rule or the rule of ejusdem generis (interpre
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: 30th March 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/ad-proximnm-antecedens-fiat-rela-tio-nisi-impediatnr-sententia/
- Modern Language Association (MLA):Ad Proximnm Antecedens Fiat Rela Tio Nisi Impediatnr Sententia. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/ad-proximnm-antecedens-fiat-rela-tio-nisi-impediatnr-sententia/.
- Chicago Manual of Style (CMS):Ad Proximnm Antecedens Fiat Rela Tio Nisi Impediatnr Sententia. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/ad-proximnm-antecedens-fiat-rela-tio-nisi-impediatnr-sententia/ (accessed: May 09 2024).
- American Psychological Association (APA):Ad Proximnm Antecedens Fiat Rela Tio Nisi Impediatnr Sententia. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/ad-proximnm-antecedens-fiat-rela-tio-nisi-impediatnr-sententia/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts