Legal Definitions - a libello ut libellatur

a libello ut libellatur is a historical Latin legal phrase that translates to "from the complaint as it was presented" or "from the libel as laid." This term was historically used in court dismissals, indicating that a case was thrown out because the initial written document filed by the plaintiff (the "libel" or complaint) was fundamentally flawed or insufficient on its face. The court found that even if everything stated in the complaint were true, it still wouldn't establish a valid legal claim, making further proceedings unnecessary.

Here are some examples to illustrate this concept:

• Imagine a scenario where a person files a lawsuit alleging that a company breached a contract. However, their written complaint (the "libel" in historical terms) simply states, "The company didn't do what it promised," without providing any details about the contract's specific terms, what promises were allegedly broken, or how the plaintiff was harmed. A judge, examining only this written complaint, might dismiss the case a libello ut libellatur. This means the case is dismissed because the complaint itself, as it was presented, failed to state a legally sufficient claim for breach of contract.

• Consider a personal injury lawsuit where the plaintiff's initial written filing states, "I was injured because someone was careless." It fails to identify the defendant, describe the accident, explain how the defendant was careless, or detail the injuries suffered. The court, reviewing only the complaint, could dismiss the case a libello ut libellatur. This signifies that the lawsuit was dismissed because the initial written document, as it was drafted, did not provide enough factual information to establish a legal claim of negligence against anyone.

• Suppose a property owner attempts to sue their neighbor, claiming the neighbor's new fence is encroaching on their land. However, their written legal filing (the "libel") only states, "The fence is wrong," without attaching any property deeds, surveys, or legal arguments about property lines. The court might dismiss the case a libello ut libellatur, concluding that the complaint, as presented, lacked the necessary legal or factual basis to proceed with a property dispute.