Simple English definitions for legal terms
Read a random definition: letter of advocation
Term: CUM EXCESSU MODERAMINIS
Definition: In Scots law, cum excessu moderaminis means going beyond the limits. This phrase is used in reference to the legal limits on the use of violence as a means of self-defense. It means that you cannot use more force than necessary to protect yourself.
cum excessu moderaminis (kəm ek-ses-yoo mod-uh-ray-muh-nis) is a Latin term used in Scots law to refer to actions that go beyond legal limits or boundaries. It is often used in reference to the use of violence as a means of self-defense.
One example of cum excessu moderaminis would be if someone were to use excessive force in defending themselves. For instance, if someone were to use a weapon to defend themselves when the attacker was unarmed, this would be considered beyond the legal limits of self-defense.
Another example would be if someone were to use self-defense as an excuse to harm someone who was not actually a threat to them. For example, if someone were to attack a person who was simply walking by, claiming that they felt threatened, this would be considered excessive and beyond the legal limits of self-defense.
These examples illustrate how cum excessu moderaminis is used to define actions that go beyond what is legally permissible. In both cases, the use of violence as a means of self-defense is allowed, but only within certain limits. When those limits are exceeded, the actions become illegal and subject to punishment under the law.