Casu Consimili Entry: A legal phrase denoting a writ of entry that permits an individual with a future interest in land to initiate a lawsuit for the recovery of land that has been transferred or gifted by a life tenant or a tenant by the curtesy. This writ was established in the 13th century and operates on the principle that if a comparable case has been previously resolved, a similar writ can be issued to resolve the present case.
The term “entry in casu consimili” is a Latin phrase that means “in a like case.” It refers to a legal action that allows someone with a future interest in land to sue for the return of land that has been sold by a life tenant or tenant by the curtesy. For example, if John grants a life estate to Mary and she sells the land to Jane, John can use the entry in casu consimili writ to sue Jane and regain possession of the land after Mary’s death. This writ was established by the second Statute of Westminster in 1285, which required the Chancery to issue a writ for any situation that called for a similar writ that had been previously issued in a like case. This provided litigants with a broader range of writs to resolve their disputes.
Entry in casu consimili is a legal principle that allows courts to consider previous cases with similar facts and circumstances when making a decision on a current case.
By considering previous cases with similar facts, entry in casu consimili helps establish consistency and predictability in legal decisions. It allows courts to apply established legal principles to new cases, ensuring fairness and uniformity in the legal system.
Yes, entry in casu consimili can be used in various types of legal cases, including criminal, civil, and administrative cases. It is a principle that applies across different areas of law.
While entry in casu consimili is a valuable tool for legal decision-making, it is not binding on the court. The court has the discretion to distinguish previous cases if it finds that the facts and circumstances are sufficiently different.
To find previous cases, you can conduct legal research using online databases, law libraries, or consult with legal professionals. Look for cases that have similar facts and legal issues to strengthen your argument.
No, entry in casu consimili is not meant to overturn previous court decisions. It is used to guide and inform the court’s decision-making process by considering similar cases, but it does not have the power to reverse or invalidate a previous ruling.
Entry in casu consimili is primarily used in common law jurisdictions, where legal decisions are based on precedent. However, it may have limited application in international law, as the legal systems and sources of law differ across countries.
Yes, entry in casu consimili can still be used in cases where there is no exact precedent. Even if there is no identical case, courts can consider similar cases and analogies to guide their decision-making process.
Entry in casu consimili is closely related to the concept of stare decisis, which means “to stand by things decided.” Both principles emphasize the importance of precedent and consistency in legal decision-making.
While non-lawyers may not have the same level of expertise in legal research and analysis, they can still use entry in casu consimili to support their arguments. However, it is advisable to seek guidance from legal professionals to ensure the proper application of this principle.
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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