Legal Definitions - citra causae cognitionem

Citra causae cognitionem is a Latin legal phrase that translates to "without investigating the cause" or "absent a judicial investigation." It refers to a situation where a decision or action is taken without a full and formal inquiry into the underlying facts, reasons, or merits of a case. This might occur when a preliminary step is taken, or when a legal system allows for certain actions to proceed without a comprehensive examination of all evidence and arguments.

• Example 1: Administrative Action

  A state environmental agency might issue an emergency order to halt construction on a site where a significant, immediate threat of hazardous waste leakage has been reported. This order could be made citra causae cognitionem, meaning the agency acts swiftly based on preliminary evidence of danger, without conducting a full, detailed investigation into all aspects of the construction project or holding an extensive hearing with all parties involved. A more thorough investigation and hearing would typically follow the emergency action.

  This illustrates the term because the agency takes immediate action to prevent harm based on an urgent need, without waiting for a complete and exhaustive inquiry into all the underlying facts or potential defenses.

• Example 2: Preliminary Judicial Relief

  In a family law case, a judge might issue a temporary order granting one parent sole custody of a child for a short period if there are credible, immediate allegations of abuse or neglect by the other parent. This temporary order could be granted citra causae cognitionem, meaning the judge makes the decision based on initial affidavits and a preliminary assessment of risk, rather than after a full evidentiary hearing where all witnesses are cross-examined and all evidence is presented. A comprehensive trial to determine permanent custody would be scheduled for a later date.

  This demonstrates the term as the court makes a protective decision based on an immediate showing of need and potential harm, without conducting a full, in-depth investigation into the ultimate truth of the allegations.

• Example 3: Procedural Default

  In certain legal systems, if a party fails to respond to a lawsuit within the prescribed time frame, a default judgment might be entered against them. This judgment could be considered citra causae cognitionem because the court issues a ruling based solely on the defendant's procedural failure to respond, rather than by fully investigating the merits of the plaintiff's claims or hearing the defendant's side of the story. The judgment is a consequence of non-compliance, not a factual determination after a full inquiry.

  This example shows the term in action because the court's decision (the default judgment) is made due to a procedural omission, not after a comprehensive examination of the factual basis or legal arguments of the case.