An assize is a session of a court or council, and can also refer to a law enacted by such a body. It may set the measure, weight, or price of a thing. An assize can also be a jury trial or a court that handles cases involving a specific procedure. The term “in modum assisae” in Law Latin describes something that follows the same procedure as an assize.
“In modum assisae” refers to something that is done in the same manner as an assize, which is a session of a court or council. For instance, the Assize of Clarendon, issued in 1166 by Henry II, was a decree that governed criminal procedure for justices in eyre and sheriffs. If a law were enacted in the same manner as the Assize of Clarendon, it could be described as being done “in modum assisae.” Similarly, the Grand Assize involved a sworn panel summoned by judicial writ to resolve disputes related to real property. If a similar panel were summoned in the same manner as the Grand Assize, it could also be described as being done “in modum assisae.” Overall, “in modum assisae” is a legal term used to indicate that something is done in the same manner as an assize.
Modum Assisae is a legal term that refers to a specific method of assessing damages in a lawsuit. It is a Latin term that translates to “the manner of assessing.”
Modum Assisae involves the appointment of assessors who determine the value of damages in a case. These assessors consider various factors such as the extent of harm, financial losses, and any other relevant circumstances.
Modum Assisae is typically used in cases where the exact value of damages is difficult to determine, such as personal injury cases or property damage disputes.
The assessors are usually appointed by the court or agreed upon by both parties involved in the lawsuit.
Yes, the parties have the right to challenge the assessors’ decision if they believe it is unfair or incorrect. They can present evidence or arguments to support their challenge.
Yes, the assessors’ decisions are typically binding unless there are valid grounds for appeal or challenge.
Assessors are usually chosen based on their expertise and knowledge in the relevant field. They may be professionals, such as accountants or engineers, who can provide an objective assessment of damages.
Yes, the parties can suggest potential assessors, but the final decision rests with the court or the agreement of both parties.
The duration of the Modum Assisae process can vary depending on the complexity of the case and the availability of the assessors. It is best to consult with your attorney for a more accurate estimate.
No, Modum Assisae may not be used in all jurisdictions. Its availability and applicability may vary depending on the legal system and specific laws of a particular jurisdiction. It is important to consult with a local attorney to determine if Modum Assisae is applicable in your case.
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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