Define: Quamdiu Sustinuit Istam Furiositatem

“Quamdiu Sustinuit Istam Furiositatem” is a Latin phrase that translates to “As long as he/she sustained this madness.” It is often used in legal contexts to refer to the duration of a person’s mental state or capacity.

In legal proceedings, the phrase may be used to determine the period during which a person’s mental state or capacity was impaired. It can be relevant in cases involving insanity defences, testamentary capacity, or guardianship matters.

While the phrase itself cannot be used as a defence, it may be invoked to support an insanity defence. If a person can prove that they sustained a state of madness during the commission of a crime, it may impact their criminal responsibility.

If a person’s mental state was impaired for a significant period, it may raise questions about their ability to make a valid will. The phrase can be used to establish the duration of the mental impairment and potentially challenge the validity of a testamentary document.

Yes, the phrase can be relevant in civil cases where a person’s mental state or capacity is in question. It may impact matters such as contract validity, decision-making capacity, or the appointment of a guardian.

Proving the duration of a person’s sustained madness typically requires medical or expert testimony. Mental health professionals, medical records, and witness statements can be used to establish the period during which the individual’s mental state was impaired.

Yes, if it can be demonstrated that the person granting the power of attorney was in a state of madness during the execution, it may be possible to challenge the validity of the document. However, this would require sufficient evidence to support the claim.

While the phrase can be relevant in certain cases, its application may vary depending on jurisdiction and specific legal requirements. It is essential to consult with a legal professional to understand how it may be applicable in your specific situation.

Yes, if it can be proven that the person’s madness was temporary and not a permanent condition, it may be used to support a defence of temporary insanity. However, the burden of proof lies with the defendant to establish this defence.

While there may not be specific cases involving this exact phrase, the concept of sustained madness or impaired mental state has been addressed in various legal cases. It is always advisable to consult legal resources or seek professional advice to find relevant precedents in your jurisdiction.