Legal Definitions - de ampliori gratia

de ampliori gratia

This Latin phrase translates to "of more abundant grace" or "of more full grace." In a legal context, it refers to an act of generosity, favor, or special consideration granted by a sovereign, a court, or another authority that goes beyond what is strictly required by law, custom, or the minimum necessary to resolve a matter. It signifies a discretionary act that provides a more complete or extensive benefit than might otherwise be expected, often out of benevolence or a desire for comprehensive fairness.

• Example 1: A Sovereign's Pardon

  Imagine a historical scenario where a monarch grants a pardon to a political prisoner. A standard pardon might simply commute the sentence or release the individual from prison. However, if the monarch issues a pardon de ampliori gratia, they might not only free the prisoner but also restore their forfeited lands, titles, and full civil rights, ensuring a complete return to their former status. This goes beyond merely forgiving the crime and extends a more abundant form of grace by fully reinstating the individual's societal position.

• Example 2: Judicial Discretion in an Equitable Remedy

  Consider a court case where two parties have a contract dispute. The court finds that one party breached the contract and orders them to pay damages to the other. If the judge, exercising their discretion, not only awards the standard monetary compensation but also includes a specific order for the breaching party to take additional steps to prevent future harm or to fully restore the wronged party's business reputation, even if these additional steps were not explicitly requested in the initial complaint, this could be considered an act de ampliori gratia. The court is providing a more comprehensive and generous remedy than the bare minimum required to settle the immediate financial claim.