The Latin phrase “Etiam causa non cognita” translates to “even where the cause is not known.” It is commonly used in historical contexts to refer to decisions or decrees made without a thorough investigation or trial. Essentially, it signifies that decisions are sometimes made without full knowledge of the facts.
Etiam causa non cognita, a Latin term meaning “even where the cause is not known” or “absent an investigation,” is used to describe situations where decisions or decrees are made without a thorough factual inquiry or trial. For instance, a judge may issue a temporary restraining order based solely on a plaintiff’s allegations, without conducting a full hearing or investigation. Similarly, a company may terminate an employee for alleged misconduct without conducting a comprehensive investigation. These examples demonstrate how etiam causa non cognita is employed in legal or administrative contexts to refer to decisions made without a complete investigation or trial. While this approach may be necessary in certain cases due to time constraints or other factors, it can also result in unfair or unjust outcomes if crucial facts are overlooked.
“Etiam Causa Non Cognita” is a Latin phrase that translates to “even the cause is unknown.” It is often used in legal contexts to refer to a situation where the cause of an event or action is not known or cannot be determined.
In legal cases, “Etiam Causa Non Cognita” can be invoked when the cause of an incident or harm is unclear or cannot be proven. It may be used as a defence or as a basis for dismissing a case if the cause cannot be established beyond a reasonable doubt.
Yes, “Etiam Causa Non Cognita” can be used as a defence in criminal cases if the prosecution fails to establish the cause of the alleged crime. If the cause cannot be proven, it may create reasonable doubt and result in an acquittal.
Yes, “Etiam Causa Non Cognita” can be relevant in civil lawsuits as well. If the cause of the harm or damages cannot be determined, it may weaken the plaintiff’s case and make it difficult to establish liability or seek compensation.
Proving “Etiam Causa Non Cognita” requires demonstrating that the cause of the event or harm is genuinely unknown or cannot be determined with the available evidence. This may involve presenting expert opinions, scientific analysis, or other evidence that supports the lack of causation.
Yes, “Etiam Causa Non Cognita” can potentially be used to avoid liability in personal injury cases if the defendant can show that the cause of the injury is unknown or cannot be proven. However, it is important to consult with an attorney to determine the specific applicability in each case.
Yes, there are limitations to using “Etiam Causa Non Cognita” as a defence. The burden of proof still lies with the defendant to establish that the cause is genuinely unknown or cannot be determined. Additionally, the judge or jury may consider other factors, such as circumstantial evidence or alternative theories of causation.
While “Etiam Causa Non Cognita” is primarily used in cases involving harm or liability, it may have limited applicability in contract disputes. If the cause of a breach or failure to perform cannot be determined, it may impact the parties’ obligations and potential remedies.
“Etiam Causa Non Cognita” is a legal concept derived from Latin, and its recognition may vary in different jurisdictions. It is essential to consult with a local attorney to determine its applicability and acceptance in a specific legal system.
In some cases, “Etiam Causa Non Cognita” may be used to dismiss a case if the cause cannot be established beyond a reasonable doubt. However, the dismissal of a case solely based on “Etiam Causa Non Cognita” would depend on the specific circumstances and the judge’s discretion.
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.
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/etiam-causa-non-cognita/
- Modern Language Association (MLA):Etiam Causa Non Cognita. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/etiam-causa-non-cognita/.
- Chicago Manual of Style (CMS):Etiam Causa Non Cognita. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/etiam-causa-non-cognita/ (accessed: May 09 2024).
- American Psychological Association (APA):Etiam Causa Non Cognita. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/etiam-causa-non-cognita/
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