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Legal Definitions - ad judicium provocare
Definition of ad judicium provocare
Ad judicium provocare is a Latin legal phrase meaning to summon to court or to commence a legal action. It refers to the act of formally initiating a lawsuit or bringing a dispute before a judicial body for resolution.
Example 1 (Contract Dispute):
A software development company discovers that a client has failed to pay for services rendered, despite multiple invoices and attempts at negotiation. The company decides to file a lawsuit against the client to recover the outstanding payment.
Explanation: By filing the lawsuit, the software development company is engaging in ad judicium provocare, as it is formally commencing a legal action to bring the payment dispute before a court for resolution.
Example 2 (Divorce Proceedings):
After years of marriage, a couple decides to legally separate. One spouse files a petition for divorce with the family court, outlining the terms they seek regarding asset division and child custody.
Explanation: The act of filing the divorce petition constitutes ad judicium provocare because it formally initiates a legal process in court, summoning the other spouse and the marital issues to be addressed by a judge.
Example 3 (Challenging an Administrative Decision):
An individual applies for a specific permit from a local government agency, but their application is denied. Believing the denial was arbitrary and unlawful, the individual decides to appeal the agency's decision to an administrative court or a higher judicial body.
Explanation: When the individual files the appeal, they are performing ad judicium provocare by formally challenging the agency's decision and bringing the matter before a court for judicial review and potential reversal.
Simple Definition
Ad judicium provocare is a Latin legal phrase that means to summon someone to court. It refers to the act of initiating a lawsuit or commencing a legal action against another party.