Ex nobili officio, translated from Latin as “by virtue of its noble office,” is a term used in Scots law to describe a judicial act carried out in the pursuit of equity. This implies that the act is performed to uphold fairness and justice, regardless of whether it is mandated by law.
ex nobili officio refers to a judicial act performed in the interest of fairness. This term, derived from Latin, means “by virtue of its noble office.” For instance, if a judge chooses to intervene in a case to guarantee justice, even if it is not explicitly mandated by the law, they are acting ex nobili officio. To illustrate, if a landlord attempts to evict a tenant without following proper legal procedures, a judge may step in to safeguard the tenant’s rights, even without a formal complaint. This exemplifies a judicial act carried out in the spirit of equity, or ex nobili officio. Another example could be a judge deciding to reduce a defendant’s sentence because they believe the punishment is excessively severe. In both scenarios, the judge utilises their position to ensure justice is served, even if it entails going beyond the strict requirements of the law.
“Ex Nobili Officio” is a Latin term that translates to “from a noble office.” It is often used in legal contexts to refer to actions or decisions made by someone in a position of authority or expertise.
When a decision or action is made “Ex Nobili Officio,” it implies that it was made based on the individual’s professional judgment and expertise. It carries a presumption of correctness and is given significant weight in legal proceedings.
Typically, decisions made “Ex Nobili Officio” are made by individuals who hold a position of authority or expertise in a specific field. This can include judges, legal professionals, or other professionals with specialized knowledge.
Yes, decisions made “Ex Nobili Officio” can be challenged. However, the challenging party would need to provide strong evidence or arguments to demonstrate that the decision was made in error or without proper consideration of the relevant facts and laws.
Decisions made “Ex Nobili Officio” are generally given significant weight and are often binding. However, there may be circumstances where a higher authority or a court can review and overturn such decisions if they are found to be incorrect or unjust.
Typically, a request for a decision to be made “Ex Nobili Officio” is made by presenting a strong case or argument that highlights the need for the decision to be based on the individual’s professional judgment and expertise. This can be done through legal submissions or by requesting a specific individual to make the decision.
Yes, decisions made “Ex Nobili Officio” can be appealed. The appealing party would need to demonstrate that the decision was made in error or without proper consideration of the relevant facts and laws. The appeal process would follow the standard legal procedures for challenging a decision.
Decisions made “Ex Nobili Officio” are subject to the limitations imposed by the relevant laws, regulations, and ethical guidelines. The decision-maker must act within their authority and consider all relevant factors before making a decision.
Yes, a decision made “Ex Nobili Officio” can be reconsidered or modified if new evidence or circumstances arise that warrant a change. However, the decision-maker would need to be convinced that the new information justifies revisiting the decision.
When a decision is made “Ex Nobili Officio,” it can shift the burden of proof to the challenging party. They would need to provide strong evidence or arguments to demonstrate that the decision was made incorrectly or without proper consideration. The decision itself carries a presumption of correctness, making it more challenging to overturn.
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.
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/ex-nobili-officio/
- Modern Language Association (MLA):Ex Nobili Officio. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/ex-nobili-officio/.
- Chicago Manual of Style (CMS):Ex Nobili Officio. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/ex-nobili-officio/ (accessed: May 09 2024).
- American Psychological Association (APA):Ex Nobili Officio. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/ex-nobili-officio/
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