Inter apices juris refers to the intricacies and nuances of the law. It pertains to the most extreme points or subtleties within legal matters, such as technical objections during legal proceedings or highly specific interpretations of a doctrine. This term is akin to apex juris, which signifies the highest point or pinnacle of the law.
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Among the intricacies of the law. See also: APEX JURISAn extreme point or intricacy of law, such as a purely technical objection in pleading or an extreme interpretation of a doctrine. Example: A lawyer may argue on the apex juris of a case, which means they are arguing on a very technical or extreme point of law. For instance, a lawyer may argue that a case should be dismissed because the plaintiff did not properly serve the defendant with the lawsuit papers, even if the defendant received the papers in a different manner. This is a technical objection in pleading that falls under the apex juris of the law. See also: APICES LITIGANDIThe intricacies of litigation. Example: An example of apices litigandi would be a lawyer arguing over the admissibility of evidence based on a technicality, such as the chain of custody of the evidence. This is an intricacy of litigation that falls under the apices litigandi.
Inter Apices Juris is a Latin phrase that translates to “among the peaks of the law.” It refers to a legal principle that suggests that when two laws or legal principles conflict, the higher or more important law should prevail.
When there is a conflict between two laws or legal principles, courts will analyze the hierarchy and importance of the laws involved. The principle of Inter Apices Juris dictates that the higher or more significant law should take precedence over the lower or less important law.
For instance, if there is a conflict between a federal law and a state law, the federal law would generally prevail due to its higher authority. This is because federal laws are considered to be of greater importance and have supremacy over state laws.
Yes, there can be exceptions to this principle. In some cases, specific laws may have provisions that allow for exceptions or provide guidelines on how conflicts should be resolved. Additionally, certain constitutional provisions or international treaties may also impact the application of Inter Apices Juris.
Inter Apices Juris is closely related to the concept of constitutional supremacy. It reinforces the idea that constitutional laws and principles hold the highest authority and should prevail over conflicting laws or regulations.
Yes, Inter Apices Juris can be used as a legal argument to challenge the validity of a law. If a law is in conflict with a higher or more important law, it can be argued that the law should be invalidated or declared unconstitutional.
No, Inter Apices Juris is a principle that can be applied in both common law and civil law jurisdictions. It is a concept that recognizes the need to resolve conflicts between laws and ensure consistency and hierarchy in legal systems.
Inter Apices Juris can influence the interpretation of legal statutes by guiding courts to prioritize the application of higher or more important laws when there is a conflict. It helps ensure that the intent and purpose of the law are upheld.
In some cases, legislative action can override the principle of Inter Apices Juris. If lawmakers explicitly state their intention to supersede a higher law with a lower law, the principle may not apply. However, such actions are subject to constitutional limitations and judicial review.
While Inter Apices Juris is a widely recognized legal principle, its application may vary across jurisdictions. Different legal systems may have their own variations or interpretations of the principle, but the underlying concept of prioritizing higher laws remains consistent.
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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