dubitante

dubitante (d[y]oo-bi-tan-tee). [Latin] Doubting. • This term was usu. placed in a law report next to a judge’s name, indicating that the judge doubted a legal point but was unwilling to state that it was wrong.

— Also termed dubitans.

“[E]xpressing the epitome of the common law spirit, there is the opinion entered dubitante — the judge is unhappy about some aspect of the decision rendered, but cannot quite bring himself to record an open dissent.” Lon L. Fuller, Anatomy of the Law 147 (1968).


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