Search Results for: EX CAUSA

ex turpi causa

ex turpi causa (eks t[schwa]r-pIkaw-z[schwa]). [Latin] From an immoral consideration. • This phrase, a shortened form of the maxim ex turpi causa non oritur actio (“from an immoral consideration an action does not arise”), expresses the principle that a party does not have a right to enforce performance of an agreement founded on a consideration

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causa cognita

causa cognita (kaw-z[schwa] kog-ni-t[schwa]). [Latin] Hist. After investigation; the cause (or facts) having been ascertained. Cf. POST CAUSAM COGNITAM . “Formerly, inhibitions were not granted except causa cognita (although a different rule now prevails), because they imposed a restraint on the full exercise of the rights of property; and in our own time decrees of

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citra causae cognitionem

citra causae cognitionem (sit-r[schwa] kaw-zee kog-nish-ee-oh-n[schwa]m). [Latin] Hist. Without in-vestigating the cause; absent a judicial investigation. “Citra causae cognitionem…. Formerly all interdiction was judicial, and proceeded upon an investigation of the facts and on its necessity or expediency being made out to the satisfaction of the Court. No other kind of inter-diction was allowed, but

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absque tali causa

absque tali causa (abs-kwee tay-lIkaw-z[schwa]), adv. [Law Latin] Without such cause. • In common-law pleading, this was part of the larger phrase de injuria sua propria, absque tali causa (“of his own wrong, without such cause”) appearing in a reply that a trespass plaintiff made to counter a defendant’s claim of excuse. In an assault

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ex lege

ex lege (eks lee-jee orlay-gay). [Latin] By virtue of law; as a matter of law (property forfeited ex lege). “Antecedent rights ‘in personam’ … either arise or do not arise out of a contract…. In the latter case, since they arise from facts of various kinds to which it pleases the Law to affix similar

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