Define: De Aequitate

De Aequitate
De Aequitate
Quick Summary of De Aequitate

De aequitate, which means “in equity” in Latin, pertains to the notion of fairness and justice in legal proceedings. When a decision is rendered de aequitate, it is founded on principles of fairness rather than solely adhering to the law. This guarantees equal treatment for all and the delivery of justice.

Full Definition Of De Aequitate

“De aequitate” is a Latin term that means “in equity,” referring to the principle of fairness and justice in legal proceedings. For instance, a judge may apply the principle of de aequitate to ensure a decision that is fair and just, even if it does not strictly adhere to the letter of the law. This principle is often utilised in cases where the strict application of the law would result in an unjust outcome. For example, if a person is facing eviction from their home due to a technicality in their lease agreement, a judge may use de aequitate to consider the person’s circumstances and make a decision that is fair and just, rather than simply following the letter of the law.

De Aequitate FAQ'S

De Aequitate is a Latin term that translates to “equality” or “fairness” in English. In legal contexts, it refers to the principle of fairness and equal treatment under the law.

De Aequitate is a fundamental principle that guides the legal system to ensure fairness and equal treatment for all individuals. It helps prevent discrimination and ensures that everyone has access to justice.

Yes, De Aequitate can be used as a defence in certain cases where a person’s rights have been violated or where unequal treatment has occurred. It can be invoked to argue for fair and just outcomes.

While De Aequitate is not typically codified as a specific law or statute, it is a guiding principle that underlies many legal systems. It is often referenced in constitutional provisions, human rights laws, and anti-discrimination legislation.

De Aequitate is closely tied to social justice issues as it seeks to address and rectify inequalities and injustices in society. It promotes equal opportunities, fair treatment, and the protection of individual rights.

Yes, De Aequitate can be used to challenge discriminatory practices. It provides a legal basis to argue against unequal treatment based on factors such as race, gender, religion, or disability.

Under De Aequitate, individuals can seek various remedies, including compensation for damages, injunctions to stop discriminatory practices, and changes in policies or procedures to ensure equal treatment.

While De Aequitate is a fundamental principle, its application may vary depending on the specific legal jurisdiction and the context of the case. It is important to consult with legal professionals to understand its applicability in a particular situation.

De Aequitate is primarily invoked in civil cases to address issues of fairness and equal treatment. However, it can indirectly influence criminal cases by ensuring that defendants are treated fairly and have access to a fair trial.

De Aequitate intersects with other legal principles, such as due process and equal protection, as they all aim to ensure fairness and equal treatment. These principles work together to safeguard individual rights and promote justice in the legal system.

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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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