Legal Definitions - cadere

Cadere is a historical legal term, originating from Latin, that describes two primary scenarios within legal proceedings:

• To End, Cease, or Fail: This usage refers to a legal action, claim, or process coming to an unsuccessful conclusion. It often implies that the proceeding cannot continue in its current form, typically due to a procedural defect, a lack of legal basis, or some other fundamental flaw.

  • Example 1: A property owner attempts to sue a neighbor for trespass, but the court discovers that the lawsuit was filed long after the legally mandated deadline (statute of limitations) for such claims had passed. In this situation, the original trespass action would "cadere," meaning it fails and cannot proceed due to the procedural error.

    Explanation: This example illustrates the "failure" aspect of cadere, as the legal action cannot continue because a critical procedural requirement was not met.

  • Example 2: A company files a patent infringement lawsuit against a competitor, but during the initial stages, it becomes evident that the alleged infringing product does not actually use any protected elements of the patent. The court might rule that the infringement claim must "cadere," indicating that the lawsuit lacks a sufficient legal foundation to proceed.

    Explanation: Here, cadere signifies the cessation or failure of the lawsuit because the substantive legal grounds for the claim are absent.

• To Be Changed or Turned Into: This usage describes a legal process or status transforming or evolving into a different, often more advanced or formal, stage of proceedings.

  • Example 1: In a historical legal context, if an initial inquiry or preliminary hearing (like an "inquest") determined there was sufficient evidence to warrant a full trial, that initial inquiry might "cadere" into a formal trial by jury. This means the preliminary stage transformed into the next, more definitive phase of adjudication.

    Explanation: This demonstrates cadere as a transformation, where one legal process evolves into another, more formal one.

  • Example 2: A dispute between two parties initially begins as a mediation process. If the mediation fails to resolve the issues, the matter might "cadere" into formal arbitration, where a neutral third party makes a binding decision. The dispute resolution method has changed from voluntary negotiation to a more structured, adjudicative process.

    Explanation: This example shows how a legal or dispute resolution process can "turn into" a different, more formal mechanism when the initial approach proves insufficient.