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A lawyer is a person who writes a 10,000-word document and calls it a 'brief'.
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Legal Definitions - aliter
Definition of aliter
Aliter is a Latin term used in legal discussions to mean "otherwise" or "it would be otherwise." It serves to introduce a contrasting scenario or a different legal outcome that would apply if the circumstances or facts of a situation were altered. Essentially, it signals a departure from a previously stated rule or consequence, indicating how things would unfold under a different set of facts.
Example 1: Contract Law
If two adults willingly sign a written agreement for the sale of a car, that contract is generally considered legally binding and enforceable. Aliter, if one of the parties was proven to have been coerced into signing under duress, the contract might be deemed voidable.
Explanation: This example illustrates "aliter" by showing how the legal enforceability of a contract changes ("otherwise") when a critical factor, such as the voluntariness of consent, is different.
Example 2: Criminal Law (Self-Defense)
An individual is generally permitted to use reasonable force to defend themselves if they are facing an immediate and credible threat of serious bodily harm. Aliter, if the threat has clearly passed and the individual then pursues and attacks their former aggressor, their actions would likely not be considered lawful self-defense.
Explanation: Here, "aliter" highlights that the legal justification for using force ("otherwise") shifts dramatically once the element of an immediate threat is no longer present.
Example 3: Property Law
A homeowner typically has the right to make improvements to their property, such as adding a deck to their house. Aliter, if the property is located in a historic district with strict architectural guidelines, the homeowner would likely need to obtain special permits and adhere to specific design standards before making such an addition.
Explanation: This demonstrates "aliter" by showing how a property owner's rights and obligations regarding improvements ("otherwise") are different when their property is subject to specific zoning or historical preservation regulations.
Simple Definition
Aliter is a Latin term meaning "otherwise" or "it would be otherwise." It is used in legal writing to introduce a contrasting situation or a different legal outcome that would apply under changed facts or circumstances.