Simple English definitions for legal terms
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DE LEGE FERENDA: A proposed principle that can be used in a situation where there is no existing law. It is different from de lege lata, which means existing law.
DE LEGER LATA: The principle that a court should decide based on actual law and not on how it thinks the law ought to be. It is different from de lege ferenda, which means a proposed principle that can be used in a situation where there is no existing law.
DELETERIOUS: Something that is poisonous or harmful to our health, either physically or mentally.
DE LIBERA FALDA: A writ that allows free feeding of sheep on land. It was used in the past as a form of quod permittat.
Definition: De lege ferenda (dee lee-jee f-ren-d) is a Latin term that means "from law to be passed." It refers to a proposed principle that could be applied to a given situation instead or in the absence of a legal principle that is currently in force.
Example: Suppose a country does not have a law that prohibits discrimination based on sexual orientation. A proposed principle that could be applied in this situation is de lege ferenda, which suggests that a law should be passed to prohibit such discrimination.
Explanation: The example illustrates how de lege ferenda can be used to propose a new legal principle that is not currently in force. In this case, the proposed principle is to prohibit discrimination based on sexual orientation, which is not covered by existing laws in the country.
Definition: De lege lata (dee lee-jee lay-t) is a Latin term that means "from law passed." It refers to existing law or the principle that a court should decide based on actual law and not on how it thinks the law ought to be.
Example: If a person is charged with a crime, the court should decide the case based on the existing criminal law, which is de lege lata.
Explanation: The example illustrates how de lege lata refers to existing law and the principle that a court should decide based on actual law. In this case, the court should not make up a new law but should apply the existing criminal law to the case.
Definition: Deleterious (del-teer-ee-us) is an adjective that means poisonous or unwholesome, psychologically or physically harmful.
Example: Smoking is a deleterious habit that can cause lung cancer and other health problems.
Explanation: The example illustrates how deleterious can be used to describe something that is harmful to a person's health. In this case, smoking is a deleterious habit that can cause serious health problems.
Definition: De libera falda (dee lib-er-uh fal-duh) is a Latin term that means "of free fold." It refers to a writ allowing a free feeding, especially of sheep on land.
Example: In medieval England, a landowner could grant a de libera falda to a tenant, allowing them to graze their sheep on the land for free.
Explanation: The example illustrates how de libera falda was used in medieval England to allow a tenant to graze their sheep on a landowner's land for free. This was a form of quod permittat, which means "that he permit."