Legal Definitions - cautione admittenda

The Latin phrase cautione admittenda refers to the legal principle or process concerning the acceptance of a security, bond, or guarantee by a court or other authority. It involves evaluating whether the proposed security is appropriate, sufficient, and valid to fulfill a specific legal requirement. This requirement might be to ensure a party's appearance in court, cover potential financial liabilities, or allow a particular legal action to proceed.

Essentially, it's about the decision-making process of whether a presented form of assurance (like money, property, or a promise from a third party) is suitable to be "admitted" or accepted by the legal system for a specific purpose.

• Example 1: Appeal Bond in a Civil Case

  Imagine a small business, "InnovateTech," is sued by a competitor for patent infringement and loses, with the court ordering them to pay $500,000 in damages. InnovateTech believes the judgment is wrong and wants to appeal to a higher court. To prevent the competitor from immediately collecting the $500,000 while the appeal is ongoing, the court might require InnovateTech to post an "appeal bond." The concept of cautione admittenda comes into play when the court must decide whether the bond offered by InnovateTech (perhaps a surety bond from an insurance company guaranteeing payment if the appeal fails, or a cash deposit) is acceptable. The court will assess if the bond is for the correct amount, from a reliable source, and in the proper legal form. If it meets these criteria, the bond is "admitted," allowing the appeal to proceed without immediate collection of the judgment.

• Example 2: Bail for a Criminal Defendant

  Consider a situation where an individual, Mr. Henderson, is arrested and charged with a non-violent crime. He wishes to be released from jail while awaiting his trial. The court sets bail at $20,000, which is a form of security meant to ensure Mr. Henderson returns for all future court appearances. The principle of cautione admittenda applies when the court or a magistrate evaluates the security Mr. Henderson proposes to post. This could be a cash payment, a property bond (using real estate as collateral), or a bond secured through a professional bail bondsman. The court must determine if the chosen form of security is sufficient and reliable enough to guarantee Mr. Henderson's return to court. If the security is deemed acceptable and valid, it is "admitted," and Mr. Henderson is released from custody.

• Example 3: Performance Bond for a Government Contract

  Suppose a city government awards a contract to "Urban Builders Inc." to construct a new public library. To protect taxpayer money and ensure the project is completed on time and to specifications, the city requires Urban Builders Inc. to provide a "performance bond." This bond guarantees that if Urban Builders Inc. fails to fulfill its contractual obligations, the city can claim funds from the bond to cover the costs of completing the project or rectifying any defects. The concept of cautione admittenda is relevant when the city's legal or procurement department reviews the performance bond submitted by Urban Builders Inc. They will scrutinize whether the bond is issued by a reputable surety company, covers the full contract value, and meets all legal and contractual requirements. Only if the bond is found to be satisfactory and legally sound will it be "admitted" or accepted, allowing the construction project to commence.