Ampliatio, a Latin term utilised in Roman law, denotes the act of postponing or withholding judgement. Within the context of a criminal trial, it pertains to the reiteration of evidence as requested by the jury. Additionally, ampliatio can be employed in its plural form, ampliationes.
Ampliatio, derived from Roman law, encompasses two concepts. Firstly, it refers to the act of deferring or reserving judgement. For instance, if a judge is uncertain about a decision, they may opt for ampliatio to postpone their ruling until they acquire additional information. Secondly, in a criminal trial before a comitia, ampliatio pertains to the repetition of evidence at the jury’s request. If the jury requires a piece of evidence to be heard again, they can invoke ampliatio to have it reiterated. These instances exemplify how ampliatio is employed to temporarily halt or reiterate a legal proceeding, ensuring that the resulting decision is fair and just.
Ampliatio refers to the act of extending or enlarging a legal document, such as a contract or agreement, to include additional terms or provisions.
Ampliatio may be necessary when parties involved in a legal document wish to modify or expand its scope, obligations, or rights after its initial creation.
No, ampliatio typically requires the mutual consent and agreement of all parties involved in the legal document. Unilateral ampliatio may not be legally enforceable.
Ampliatio can be applicable to various types of legal documents, including contracts, leases, wills, and agreements, depending on the specific circumstances and requirements.
The risks of ampliatio include potential disputes or disagreements between parties regarding the proposed amendments, as well as the need for careful review and consideration of the legal implications of the proposed changes.
To ensure enforceability and clarity, ampliatio is generally recommended to be done in writing. Verbal agreements may be difficult to prove or enforce in case of disputes.
The limitations to ampliatio depend on the specific laws and regulations governing the particular legal document or jurisdiction. It is advisable to consult with a legal professional to understand any limitations or restrictions that may apply.
In some cases, ampliatio may be done retroactively to include terms or provisions that were initially omitted or overlooked. However, retroactive ampliatio may require additional legal considerations and may not always be possible or advisable.
If one party refuses to agree to ampliatio, the legal document will generally remain unchanged, and the proposed amendments will not be enforceable. In such cases, parties may need to negotiate or seek alternative solutions.
While it is possible to attempt ampliatio without the assistance of a lawyer, it is generally recommended to consult with a legal professional to ensure compliance with applicable laws, avoid potential pitfalls, and protect your rights and interests.
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: 17th April 2024.
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