Legal Definitions - amittere liberam legem

Amitterre liberam legem is a Latin phrase that translates to "to lose the benefit of the law." Historically, it referred to a severe legal penalty where an individual would forfeit their standing or rights within the legal system, often as a consequence of serious misconduct such as perjury, contempt of court, or other abuses of legal process. In essence, it meant they could no longer fully participate in or benefit from the protections and procedures of the law.

While this specific Latin phrase is rarely used in modern legal practice, the underlying principle—that a party can lose certain legal rights or privileges due to their own improper actions—remains relevant in various forms today. It signifies a forfeiture of legal standing or access to legal remedies as a direct result of one's own misconduct within the judicial system.

• Example 1: Vexatious Litigant Declaration

  Imagine a person who repeatedly files lawsuits that are clearly without merit, designed only to harass others or delay legitimate proceedings. A court, after reviewing their history of baseless filings, might declare them a "vexatious litigant." This means they lose the automatic right to file new lawsuits and must obtain court permission for any future filings. This situation illustrates amittere liberam legem because the individual has, through their abuse of the legal process, lost the "benefit of the law" in the sense of their unrestricted access to the courts.

• Example 2: Witness Testimony Disregarded Due to Perjury

  During a criminal trial, a key witness provides testimony under oath. Later, it is conclusively proven that this witness intentionally lied about a material fact. As a consequence, the judge might instruct the jury to completely disregard that witness's entire testimony, or the court might even bar the witness from providing any further evidence. Here, the witness has effectively "lost the benefit of the law" because their testimony, which is a crucial part of the legal process, is no longer given any weight or credibility due to their misconduct (perjury).

• Example 3: Sanctions for Failure to Comply with Discovery Orders

  In a civil lawsuit, one party repeatedly ignores court orders to provide requested documents and information to the opposing side (a process known as "discovery"). Despite multiple warnings and deadlines, they continue to withhold crucial evidence. As a severe sanction, the court might rule that the non-compliant party cannot present any evidence related to the withheld documents at trial, or in extreme cases, even dismiss their entire case. This demonstrates amittere liberam legem because the party has lost the "benefit of the law"—their right to present a full defense or pursue their claim—due to their deliberate failure to follow legal procedures and court orders.