Legal Definitions - absque

Absque

In legal terms, absque is a Latin word meaning "without." It is used to indicate the absence or lack of something essential, specified, or required in a particular legal context.

• Example 1: Contract Law

  A judge might rule that a purported agreement is unenforceable "absque consideration."

  Explanation: This means the agreement cannot be legally enforced without "consideration," which is the legal term for something of value exchanged between parties in a contract (e.g., money, goods, services, or a promise to do or not do something). Without this exchange, a contract is generally not valid.

• Example 2: Property Law

  A deed might grant a landowner an easement to cross a neighbor's property "absque impediment."

  Explanation: This phrase ensures that the landowner has the right to use the easement (the right to cross the property) without any obstruction or hindrance from the neighbor. It guarantees unimpeded access as specified in the legal document.

• Example 3: Procedural Law

  A court may dismiss a lawsuit "absque jurisdiction" if the case is brought in the wrong venue.

  Explanation: This indicates that the court cannot legally hear or decide the case without having the proper "jurisdiction," which is its legal authority or power to preside over a particular type of case or parties. If a court lacks jurisdiction, it cannot proceed with the matter.