If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Legal Definitions - ad prosequendam

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Definition of ad prosequendam

Ad prosequendam is a Latin legal phrase that translates to "to prosecute." In legal practice, it refers to the act of initiating or continuing legal proceedings against an individual or entity, typically with the aim of enforcing a law, asserting a right, or seeking a legal remedy.

Here are some examples illustrating the application of ad prosequendam:

  • Criminal Case: After a detailed investigation into a suspected case of embezzlement, the state prosecutor's office reviews all the collected evidence, including financial records and witness testimonies. Concluding that there is sufficient proof to secure a conviction, the prosecutor decides ad prosequendam, meaning they will formally file charges against the suspect and proceed with a criminal trial.

    This example demonstrates the prosecutor's decision to actively pursue criminal charges and bring the case before a court.

  • Civil Litigation: A homeowner discovers significant structural defects in their newly constructed house, which they believe are due to negligence by the builder. After unsuccessful attempts to resolve the issue directly, the homeowner consults with an attorney. Based on the attorney's assessment of the potential claim, the homeowner decides ad prosequendam, initiating a civil lawsuit against the builder to recover repair costs and other damages.

    Here, the phrase illustrates the homeowner's choice to pursue a legal claim in civil court to enforce their rights and seek compensation.

  • Regulatory Enforcement: A government environmental protection agency receives numerous complaints about a factory discharging pollutants into a local river, violating established regulations. After conducting its own investigation and confirming the violations, the agency's legal department determines that the evidence is compelling and the public interest warrants action. They decide ad prosequendam, filing an administrative complaint and seeking penalties and an injunction against the factory to stop the pollution.

    This scenario shows a regulatory body's decision to pursue enforcement actions against an entity that has violated specific laws or regulations.

Simple Definition

The Latin term "ad prosequendam" literally translates to "to prosecute." In a legal context, it refers to the act of initiating or continuing legal proceedings against a party, typically in a criminal case, to bring them to justice or enforce a right.

Ethics is knowing the difference between what you have a right to do and what is right to do.

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