The term “Sicut alias” is a Latin phrase that signifies “as at another time.” In the past, it was used to describe a second writ that was issued when the initial one was not carried out. For instance, if a defendant could not be located, an alias writ would be issued, followed by a pluries writ. These subsequent writs had the same impact as the first one, but included the additional clause “as we have formerly” or “as we have often commanded you.”
The term “sicut alias” is a Latin phrase that means “as at another time.” In the past, it was used to refer to a second writ that was issued when the first one was not executed. For instance, if a sheriff was unable to locate a defendant despite being instructed to do so, an alias writ would be issued to make another attempt. An example of sicut alias is when a court issues a second summons to a defendant who did not appear in court after the initial summons was issued. Another instance is when a sheriff cannot find an individual to serve them with legal documents, prompting the issuance of a second writ to try again. These examples demonstrate how sicut alias was employed in history to ensure that legal proceedings were conducted correctly and that all parties involved had a fair opportunity to respond to legal actions taken against them.
Sicut Alias is a Latin term that translates to “as before” or “as previously.” It refers to a legal principle that allows a court to follow a previous decision or ruling made in a similar case.
When a court applies the principle of Sicut Alias, it means that it is following a previous decision or ruling made in a similar case, even if the parties or circumstances are not exactly the same.
No, the principle of Sicut Alias is typically used in common law jurisdictions where the doctrine of precedent applies. It allows courts to maintain consistency and predictability in their decisions.
The purpose of applying the principle of Sicut Alias is to ensure fairness and consistency in the legal system. It allows similar cases to be treated similarly, promoting equality and predictability in the application of the law.
Yes, a court can deviate from the principle of Sicut Alias if there are compelling reasons to do so. For example, if there has been a significant change in the law or if the previous decision was based on incorrect or outdated legal principles.
Stare decisis is a broader legal principle that encompasses the concept of Sicut Alias. While Sicut Alias specifically refers to following a previous decision in a similar case, stare decisis encompasses the broader principle of adhering to precedent in general.
Yes, there are exceptions to the principle of Sicut Alias. For example, if a previous decision was made per incuriam (through oversight or mistake), it may not be followed. Additionally, if a higher court has overruled a previous decision, the principle of Sicut Alias would not apply.
Yes, the principle of Sicut Alias can be used in both civil and criminal cases, as long as the jurisdiction follows the doctrine of precedent.
The principle of Sicut Alias places a significant responsibility on judges to carefully consider and analyze previous decisions. They must determine whether the facts and legal principles of a previous case are sufficiently similar to warrant its application in the current case.
Yes, the principle of Sicut Alias can be challenged or appealed if a party believes that the court has incorrectly applied a previous decision. However, the burden of proof lies with the challenging party to demonstrate why the previous decision should not be followed.
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.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/sicut-alias/
- Modern Language Association (MLA):Sicut Alias. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/sicut-alias/.
- Chicago Manual of Style (CMS):Sicut Alias. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/sicut-alias/ (accessed: May 09 2024).
- American Psychological Association (APA):Sicut Alias. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/sicut-alias/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts