Nec manifestum is a Latin phrase utilised in civil law to denote a theft that occurred without the thief being apprehended in the act. This implies that the theft was not apparent or evident, and there is no conclusive evidence to establish the identity of the perpetrator.
Nec Manifestum, a Latin term used in civil law, refers to a theft where the perpetrator was not caught in the act, resulting in unclear or inconclusive evidence. For instance, if a wallet goes missing from a bag without any witnesses or security footage to identify the thief, it is classified as nec manifestum. Similarly, if a store’s inventory shows missing items, but there is no proof of who took them, it is also considered nec manifestum. These examples demonstrate how the theft is not “manifest” or evident, making it challenging to hold anyone responsible for the crime.
Nec Manifestum is a Latin term that translates to “not evident” or “not clear.” It is often used in legal contexts to refer to a situation where the evidence or facts are insufficient or unclear.
In legal cases, Nec Manifestum is used to describe a situation where the evidence presented is not sufficient to establish guilt or liability. It means that the facts are not clear or evident enough to support a conviction or judgment.
Yes, if a case is deemed Nec Manifestum, it can be dismissed by the court. This is because the burden of proof lies with the prosecution or the party bringing the case, and if they fail to present sufficient evidence, the case may be dismissed.
If a case is declared Nec Manifestum, it means that the evidence presented is not sufficient to establish guilt or liability. In such cases, the defendant may be acquitted, and the charges against them may be dropped.
Yes, if new evidence emerges after a case has been declared Nec Manifestum, it may be possible to reopen the case. The new evidence would need to be significant and have the potential to change the outcome of the case.
Nec Manifestum and “beyond a reasonable doubt” are related but distinct concepts. While Nec Manifestum refers to a lack of clear evidence, “beyond a reasonable doubt” is the standard of proof required in criminal cases. It means that the evidence must be so strong that there is no reasonable doubt of the defendant’s guilt.
Yes, a civil case can be dismissed if it is deemed Nec Manifestum. In civil cases, the burden of proof is typically lower than in criminal cases, but the evidence still needs to be sufficient to establish liability. If the evidence is not clear or evident enough, the case may be dismissed.
Yes, a case can be appealed if it is declared Nec Manifestum. The party who disagrees with the decision can file an appeal, presenting arguments as to why they believe the evidence was sufficient or why the case should be reconsidered.
If a case is wrongfully declared Nec Manifestum, there may be legal remedies available. The party who believes the decision was incorrect can file an appeal, request a reconsideration, or even file a complaint against the judge or prosecutor involved, depending on the circumstances.
An attorney can play a crucial role in a case deemed Nec Manifestum. They can review the evidence, identify any weaknesses or gaps, and develop strategies to challenge the prosecution’s case. They can also present counterarguments, cross-examine witnesses, and advocate for their client’s innocence or liability.
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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