Legal Definitions - ad aliud examen

Ad aliud examen is a Latin legal phrase that translates to "to another tribunal." It refers to the transfer or referral of a legal matter, case, or dispute from one court, administrative body, or authority to a different one. This typically occurs when the initial body lacks the proper jurisdiction, competence, or authority to hear and decide the matter, or when another forum is deemed more appropriate for its resolution.

• Example 1: Jurisdictional Transfer

  Imagine a lawsuit filed in a state court concerning a dispute over a federal patent. Patent law falls exclusively under federal jurisdiction. The state court, recognizing it does not have the authority to hear such a case, would direct the parties ad aliud examen to the appropriate federal district court. This illustrates the term because the matter is being moved from one type of judicial body (a state court) to a different type (a federal court) that possesses the necessary legal power to adjudicate the specific issue.

• Example 2: Administrative Review

  Consider a situation where a small business owner receives a penalty from a municipal zoning board for a perceived violation. If the business owner believes the board's decision was arbitrary or unlawful, they might seek judicial review of that administrative decision. In this scenario, the dispute moves ad aliud examen from the administrative tribunal (the zoning board) to a judicial court, which has the authority to review the legality of administrative actions. The court becomes the new tribunal responsible for examining the validity of the board's ruling.

• Example 3: Specialized Court Referral

  Suppose a couple files for divorce in a general civil court that primarily handles contract disputes and personal injury claims. Many jurisdictions have specialized family courts dedicated to marital and domestic matters. The general civil court, recognizing that the family court is the more appropriate and competent tribunal for divorce proceedings, would refer the case ad aliud examen to the family court. This demonstrates the term as the legal matter is being redirected to a different, more specialized judicial body better equipped to handle that specific type of case.