Legal Definitions - ad audiendum et determinandum

Ad audiendum et determinandum is a Latin legal phrase that translates to "to hear and determine." It refers to the authority or duty of a court, tribunal, or other authorized body to fully consider all evidence, arguments, and testimony presented in a case or inquiry, and then to render a final, binding decision or judgment on the matter. It signifies a comprehensive process of listening, evaluating, and concluding.

Here are some examples illustrating this term:

• Example 1: A Civil Court Case

  In a complex contract dispute between two corporations, the trial judge's role is to ad audiendum et determinandum all the evidence presented. This includes listening to witness testimonies, reviewing financial documents, considering expert opinions on market conditions, and analyzing the legal arguments made by both sides' attorneys. After thoroughly processing all this information, the judge will then issue a final judgment, determining which party is liable and what damages, if any, should be awarded.

  This illustrates ad audiendum et determinandum because the judge doesn't just passively listen; they actively evaluate and then make a definitive, binding decision based on everything presented.

• Example 2: An Administrative Review Board

  An independent administrative review board is established to hear appeals from individuals whose professional licenses have been revoked by a state agency. When an appeal comes before it, the board must ad audiendum et determinandum the appellant's arguments, the evidence presented by the state agency justifying the revocation, and any new information or mitigating circumstances. Based on this comprehensive review, the board will then determine whether to uphold the revocation, reinstate the license, or modify the penalty.

  Here, the board's function is to gather all relevant facts and arguments (to hear) and then render a final decision on the appeal (to determine), embodying the phrase.

• Example 3: A Special Inquiry Commission

  Following a significant public safety incident, the government appoints a special commission with a mandate to ad audiendum et determinandum the causes of the incident and recommend preventative measures. The commission conducts public hearings, interviews affected individuals, gathers expert testimony from engineers and safety specialists, and reviews all relevant reports and data. After this extensive investigation, the commission publishes its findings, determining the contributing factors and proposing specific policy changes.

  This example demonstrates the term as the commission's purpose is to thoroughly investigate and gather information (to hear) and then authoritatively conclude and make recommendations (to determine) based on its findings.