Sub silentio refers to actions or statements that are done or said without being explicitly noticed or mentioned. It can be likened to a hidden or secret action or statement. An example of sub silentio is when a legal decision is made without being directly addressed or mentioned in the court’s ruling, creating a precedent.
Sub silentio, a Latin term meaning “under silence,” refers to situations where something is not explicitly mentioned or noticed. For instance, in legal cases, a court may make a decision without explicitly stating a specific point of law, rendering it non-binding for future cases. Similarly, in contracts, a term may not be mentioned, but the parties involved have consistently acted as if it were part of the agreement, making it considered as part of the contract sub silentio. This term is used to describe situations where something is implied or understood without being explicitly stated, whether in legal cases, contracts, or other contexts. The examples provided demonstrate the various ways sub silentio can be applied to describe situations where something is not explicitly stated or noticed.
“Sub silentio” is a Latin phrase that translates to “under silence” in English. In legal terms, it refers to a situation where a court makes a decision without explicitly addressing or discussing a particular issue or legal principle.
No, a court’s decision made sub silentio is not considered binding precedent. Since the court did not explicitly address the issue or legal principle, it cannot be relied upon as a precedent in future cases.
Yes, in some cases, a decision made sub silentio can still be persuasive. If the court’s decision indirectly touches upon the issue or legal principle, it may be considered persuasive authority, but it does not have the same weight as a binding precedent.
A decision made sub silentio can create uncertainty in future legal arguments. It leaves the issue or legal principle unresolved, making it difficult for parties to rely on a clear precedent. It may require further litigation or clarification from higher courts.
Yes, a court can intentionally make a decision sub silentio if it chooses not to address a particular issue or legal principle. This may be done to avoid controversy or to leave the issue open for future consideration.
Identifying a decision made sub silentio is important because it helps clarify the scope and limitations of the court’s ruling. It allows parties to understand which issues were explicitly addressed and which were left unresolved.
Yes, a decision made sub silentio can be overturned or reconsidered in future cases. Since it does not carry the same weight as a binding precedent, it is subject to reinterpretation or reversal by higher courts.
Lawyers can use the concept of sub silentio to highlight gaps or unresolved issues in previous court decisions. They can argue that a particular issue was not adequately addressed and should be reconsidered or clarified in the current case.
Yes, there are risks associated with relying on a decision made sub silentio. Since it is not a binding precedent, it may not carry much weight in court. Relying solely on such a decision may weaken the legal argument and make it more susceptible to challenge.
To avoid creating decisions sub silentio, courts should strive to address all relevant issues and legal principles in their rulings. They should provide clear and explicit reasoning for their decisions to minimize ambiguity and uncertainty.
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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