Define: Pro Defectu Justitiae

Pro Defectu Justitiae is a Latin term that translates to “for lack of justice.” It refers to a legal doctrine that allows a party to seek relief or remedy due to a failure or defect in the administration of justice.

Pro Defectu Justitiae can be invoked when there has been a significant failure or defect in the judicial process that has resulted in a miscarriage of justice or a violation of a party’s rights.

Examples of situations where Pro Defectu Justitiae can be applicable include instances of judicial bias, denial of due process, failure to consider relevant evidence, improper jury instructions, or any other significant error that undermines the fairness of the legal proceedings.

To prove Pro Defectu Justitiae, the party invoking this doctrine must demonstrate that there was a substantial defect or failure in the administration of justice that directly impacted the outcome of the case. This can be done through presenting evidence, legal arguments, and highlighting specific errors or violations.

Under Pro Defectu Justitiae, the remedies that can be sought include a retrial, a reversal of the previous judgment, or any other appropriate relief that would rectify the injustice caused by the defect in the administration of justice.

Yes, Pro Defectu Justitiae can be invoked in both civil and criminal cases. Any situation where there has been a significant failure or defect in the administration of justice can potentially warrant the application of this doctrine.

Yes, Pro Defectu Justitiae can be used as a defence by a party who believes that their rights have been violated due to a defect in the administration of justice. It can be raised to challenge the validity of the proceedings or the resulting judgment.

Yes, Pro Defectu Justitiae can be invoked even after the conclusion of a case if new evidence or information comes to light that demonstrates a significant defect or failure in the administration of justice.

While the concept of Pro Defectu Justitiae may not be explicitly recognized in all legal systems, most legal systems have provisions or mechanisms in place to address situations where there has been a miscarriage of justice or a violation of rights due to a defect in the administration of justice.

Yes, Pro Defectu Justitiae can be invoked in international legal proceedings, such as those conducted by international courts or tribunals. These proceedings also have mechanisms in place to rectify significant failures or defects in the administration of justice.