Legal Definitions - de cursu

De cursu is a Latin legal term that translates to "of course" or "in the ordinary course." In legal contexts, it refers to actions or proceedings that follow the established, regular, and formal procedures. It describes the standard path a legal matter would typically take, adhering to the usual rules and steps, as opposed to expedited, summary, or exceptional processes.

Here are some examples to illustrate the concept of "de cursu":

• Standard Civil Lawsuit Progression: Imagine a situation where a small business sues a supplier for failing to deliver goods as per their contract. The lawsuit would typically proceed de cursu through several formal stages: first, the business files a complaint with the court; then, the supplier is formally served with the complaint; next, both parties engage in discovery, exchanging documents and information; and finally, the case might proceed to a trial or a formal settlement conference. Each of these steps—filing, service, discovery, trial preparation—represents the regular, formal progression of a civil case, making them de cursu actions.

  This illustrates "de cursu" because it highlights the expected, formal, and sequential steps that are standard in civil litigation, rather than an unusual or summary resolution.

• Routine Administrative Hearing: Consider a professional, such as a licensed architect, facing a complaint filed with their state's licensing board regarding a minor professional conduct issue. The board would likely initiate a de cursu administrative hearing process. This would involve formally notifying the architect of the complaint, scheduling a hearing date, allowing both sides to present evidence and testimony before an administrative law judge, and then issuing a formal decision. These are the standard, formal procedures for addressing such complaints within the regulatory framework.

  This example demonstrates "de cursu" by showing the formal, established process for resolving disputes within an administrative agency, following a set protocol rather than an informal or expedited review.

• Probate of a Will: When an individual passes away leaving a will, the process of validating that will and distributing their assets typically follows a de cursu path. This involves formally submitting the will to the probate court, notifying all named beneficiaries and potential heirs, inventorying the deceased's assets, paying any outstanding debts or taxes, and finally distributing the remaining estate according to the will's instructions. These are the standard, formal legal steps required to administer an estate.

  This illustrates "de cursu" because it outlines the regular, formal legal requirements and procedures for validating a will and settling an estate, as opposed to simplified or summary estate administration processes that might be available for very small estates.