Legal Definitions - curia advisari vult

Curia advisari vult is a Latin legal phrase that translates to "the court will be advised" or "the court will consider." This declaration is made by a judge or a panel of judges when they decide to postpone issuing a judgment or decision in a case. It signals that the court requires additional time to deliberate, review the evidence presented, conduct further legal research, or carefully weigh the arguments made by the parties before reaching a final, reasoned conclusion.

The use of curia advisari vult ensures that complex or significant cases receive the thorough consideration they deserve, rather than a rushed decision immediately following a hearing. It is particularly common in appellate courts where judgments are often "reserved," meaning they are not delivered on the same day the arguments are heard.

Here are some examples of when a court might declare curia advisari vult:

• Complex Commercial Litigation: Imagine a lengthy trial involving a dispute over a multi-million dollar construction project. The judge has heard weeks of expert testimony, reviewed thousands of pages of technical documents, and listened to extensive legal arguments from both sides. After the closing arguments, the judge might state, "Curia advisari vult."

  This illustrates the term because the sheer volume and intricate nature of the evidence and legal points require the judge to take considerable time to meticulously review everything, analyze the contractual terms, and apply relevant construction law before delivering a comprehensive and fair judgment.

• Novel Legal Questions in an Appellate Court: Consider an appeal where the central issue involves a brand-new area of technology law, for which there is little to no existing legal precedent. The appellate panel hears compelling arguments from both parties, each proposing a different interpretation of how existing statutes should apply to this novel situation. Following the oral arguments, the presiding judge announces, "Curia advisari vult."

  This demonstrates the term's application as the court needs to thoroughly research, discuss, and perhaps even anticipate the broader implications of their ruling on future cases in this emerging legal field. They are taking time to be "advised" by their own research and internal deliberations to craft a well-reasoned decision that will serve as a precedent.

• Cases with Significant Public Policy Implications: A high-profile case challenges the constitutionality of a new state law that impacts the privacy rights of millions of citizens. After hearing passionate arguments from various advocacy groups and government representatives, the court recognizes the profound societal impact of its potential decision. The court then declares, "Curia advisari vult."

  Here, the phrase signifies that the court is reserving judgment to carefully weigh not only the legal arguments but also the broader public policy consequences of upholding or striking down the law. The judges need time to ensure their decision is not only legally sound but also considers its impact on the public and the balance of powers.