Define: Secundum Allegata Et Probata

“Secundum Allegata Et Probata” is a Latin legal term that translates to “according to the allegations and proofs.” It refers to the principle that a court’s decision should be based on the facts and evidence presented by the parties involved in a case.

In a legal case, “Secundum Allegata Et Probata” means that the court will consider and make decisions based on the facts and evidence presented by the parties during the trial or hearing. The court will not rely on assumptions or information outside of what has been alleged and proven.

If a court does not adhere to the principle of “Secundum Allegata Et Probata,” it may make decisions based on information or evidence that was not presented by the parties. This can lead to an unfair outcome and may be grounds for an appeal or challenge to the decision.

Yes, the parties involved in a legal case can agree to waive the principle of “Secundum Allegata Et Probata” if they mutually consent to consider additional evidence or information that was not initially alleged or proven. However, such waivers are typically rare and require the court’s approval.

Yes, the principle of “Secundum Allegata Et Probata” applies to both civil and criminal cases. In both types of cases, the court should base its decisions on the facts and evidence presented by the parties involved.

Generally, once the principle of “Secundum Allegata Et Probata” has been applied, new evidence cannot be introduced. However, there may be exceptions if the court allows for the admission of new evidence due to exceptional circumstances or if it is in the interest of justice.

“Secundum Allegata Et Probata” is closely related to the burden of proof. The party with the burden of proof must present sufficient evidence to support their allegations. The court will then make its decision based on the evidence presented, following the principle of “Secundum Allegata Et Probata.”

No, a court should not consider evidence that was not presented by either party. The principle of “Secundum Allegata Et Probata” requires the court to base its decisions solely on the facts and evidence presented by the parties involved in the case.

If a party fails to present sufficient evidence to support their allegations, the court may rule against them. The court’s decision will be based on the evidence that was presented, and the party’s failure to meet the burden of proof may result in an unfavorable outcome.

If a party believes that the court did not properly apply the principle of “Secundum Allegata Et Probata” and made a decision based on evidence or information outside of what was alleged and proven, they may have grounds to challenge or appeal the decision. However, the success of such a challenge or appeal will depend on the specific circumstances and the applicable laws and rules of the jurisdiction.