HopefullyInLawSchool
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Simple English definitions for legal terms
a cancellando
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A quick definition of a cancellando:
Term: A CANCELLANDO
Definition: A cancellando is a term that comes from the Latin word "canceling." It refers to the act of canceling something, like a letter or a document, because it was granted in a way that goes against the law. The word comes from the name of the judge who presides over a chancery court, the lord chancellor or cancellarius, who is called a cancellando because they cancel the king's letters patents when they are granted in a way that is against the law.
A more thorough explanation:
A CANCELLANDO
A cancellando is a term that comes from Law Latin and means "canceling." It refers to the act of canceling something, usually a legal document or letter, because it was granted contrary to the law.
According to William Blackstone's Commentaries on the Laws of England, the lord chancellor or cancellarius is called a cancellando because he cancels the king's letters patents when they are granted contrary to law.
For example, if the king were to grant a patent to someone who did not meet the legal requirements, the lord chancellor would cancel the patent, or "cancellando" it, because it was granted contrary to the law.
Another example of a cancellando would be if a court were to cancel a contract because it was entered into under duress or fraud.