Legal Definitions - ad rimandam veritatem

Ad rimandam veritatem is a Latin legal phrase that translates to "for the investigation of the truth."

Historically, this principle allowed courts or legal bodies to adopt flexible procedures or admit certain types of evidence that might otherwise be excluded by strict rules, all with the primary goal of uncovering the complete and accurate facts of a case. It emphasizes the pursuit of substantive truth over rigid adherence to procedural formalities.

Here are some examples illustrating this concept:

• Imagine a historical court dealing with a complex property dispute where written records are scarce or contradictory. The judge, acting ad rimandam veritatem, might permit elderly villagers to provide extensive oral testimony about the land's history, traditional boundaries, and past ownership, even if such "hearsay" evidence would typically be inadmissible. The purpose here is to gather all available information to piece together the true historical facts of ownership, rather than being strictly bound by incomplete or flawed documentation.

  This illustrates ad rimandam veritatem because the court prioritizes the thorough investigation of the truth by allowing less formal evidence to shed light on the real situation, rather than letting strict procedural rules obscure it.

• Consider a government-appointed commission tasked with investigating a major public scandal, such as widespread corruption within a specific agency. This commission might be granted broad powers to compel testimony, review internal documents, and interview whistleblowers, even if some of these investigative methods might not strictly adhere to the rules of evidence used in a criminal trial. The commission's mandate is fundamentally ad rimandam veritatem – to uncover the full scope of the corruption, identify those responsible, and understand systemic failures, without being unduly constrained by formal legalistic hurdles that could impede the discovery of truth.

  This example demonstrates ad rimandam veritatem as the commission's primary objective is a comprehensive search for the truth, allowing it to employ a wide range of investigative tools beyond typical courtroom procedures to achieve that end.

• In a court of equity, which historically focused on fairness and justice rather than strict legal forms, a dispute might arise over the true intent behind an ambiguous clause in a contract. A judge, operating under the principle of ad rimandam veritatem, might allow parties to present evidence of prior negotiations, correspondence, or even oral statements made during the contract's formation, even if the "parol evidence rule" (which generally restricts evidence outside the written contract) might otherwise apply. The goal is to understand the actual agreement and intentions of the parties, thereby arriving at a just resolution based on the real facts.

  Here, ad rimandam veritatem is shown by the court's willingness to look beyond the literal text of a document and consider external evidence to fully investigate and ascertain the true underlying agreement and intent, ensuring a fair outcome.