De audiendo et terminando is a legal phrase that signifies “for the purpose of hearing and determining.” It pertains to a writ or commission that instructs particular justices to listen to and resolve particular cases arising from a riot, which may include serious crimes, breaches of the peace, and trespass. This is comparable to a commission of oyer and terminer.
De audiendo et terminando, which means “for hearing and determining,” is a legal term used to describe a writ or commission that directs certain justices to handle and resolve particular cases arising from a riot. These cases typically involve serious misdemeanors, breaches of the peace, and trespass. For instance, if a riot occurs in a city, the government may issue a de audiendo et terminando commission to specific justices, empowering them to hear and decide on cases related to the riot. Such cases may involve charges of assault, vandalism, or theft that took place during the riot. Another scenario could involve a protest where someone trespasses on private property. In this situation, the property owner could request a de audiendo et terminando commission to address and resolve the case against the trespasser. These examples demonstrate how de audiendo et terminando is utilised in legal proceedings to handle specific cases arising from a riot or other disturbances.
“De Audiendo Et Terminando” is a Latin phrase that translates to “concerning hearing and determining.” It refers to a legal principle that grants a court the authority to hear and decide a case.
“De Audiendo Et Terminando” ensures that a court has the power to hear and determine a case, allowing it to conduct hearings, receive evidence, and make a final decision or judgment.
Yes, “De Audiendo Et Terminando” can be invoked in various types of legal cases, including civil, criminal, and administrative proceedings. It applies to both trial courts and appellate courts.
If a court fails to adhere to the principle of “De Audiendo Et Terminando,” it may be considered a violation of due process. This could lead to the court’s decision being overturned or the case being remanded for a new hearing.
Yes, a party can request a court to invoke “De Audiendo Et Terminando” if they believe that their right to a fair hearing and determination is being compromised. This request can be made through a motion or during the course of the proceedings.
While “De Audiendo Et Terminando” is a fundamental principle that ensures the court’s authority to hear and determine a case, it does not guarantee a fair trial on its own. Other legal principles, such as the right to legal representation and the presumption of innocence, also contribute to a fair trial.
In some cases, a party may choose to waive their right to invoke “De Audiendo Et Terminando” voluntarily. However, this decision should be made knowingly and voluntarily, and it is advisable to seek legal advice before waiving any rights.
While “De Audiendo Et Terminando” generally applies to all court proceedings, there may be certain exceptions based on specific laws or rules. For example, in emergency situations or cases involving national security, expedited hearings may be conducted.
Yes, “De Audiendo Et Terminando” can be invoked in administrative hearings as well. It ensures that parties involved in administrative proceedings have the right to present their case, be heard, and receive a fair determination.
While “De Audiendo Et Terminando” is a widely recognized legal principle, its specific application and terminology may vary across different legal jurisdictions. It is important to consult the laws and rules of the specific jurisdiction in question to understand its applicability.
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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