Legal Definitions - dedimus et concessimus

Here are the definitions rewritten for educated adults without legal training:

dedimus et concessimus

This Latin phrase translates to "we have given and granted." Historically, it was a formal declaration used in legal documents, particularly deeds and conveyances, to signify the transfer of property or rights. Its use specifically indicated that the grant was made by more than one person (multiple grantors) or that the grant originated from the Crown (the sovereign).

• Example 1: Transfer of a Family Estate
  Imagine a large country estate that has been jointly owned by three siblings for decades. When they decide to sell the property to a developer, the deed of sale would historically have included the phrase dedimus et concessimus to indicate that all three siblings, acting together, were the grantors transferring ownership.
  This illustrates the term because it involves multiple individuals (the three siblings) collectively giving and granting their rights to the property.
• Example 2: Royal Land Grant
  Centuries ago, a monarch might have rewarded a loyal subject by granting them a significant tract of land. The official document formalizing this transfer from the Crown to the subject would have contained the phrase dedimus et concessimus, signifying that the sovereign power was bestowing the land.
  This demonstrates the term's application when the grant originates from the Crown, acting as the ultimate grantor of rights or property.

dedimus potestatem

Translating to "we have given power," dedimus potestatem refers to a formal legal commission or writ issued by a court. This document grants specific authority to an appointed individual to perform certain legal actions on the court's behalf, often when it is impractical for a party or witness to appear directly in court. These actions could include taking witness testimony, administering oaths, or handling other legal formalities.

• Example 1: Taking Testimony from an Overseas Witness
  In a complex international business dispute, a crucial witness for one of the parties resides in a different country and cannot travel to the court for the trial. The court might issue a dedimus potestatem to a local legal professional in that country, empowering them to formally question the witness, record their testimony under oath, and then send the sealed transcript back to the court.
  This illustrates the court delegating its power to an individual to gather essential evidence (witness testimony) when direct court appearance is not feasible.
• Example 2: Administering Oaths for Legal Documents
  A person who is elderly and homebound needs to formally sign and swear to the truthfulness of an affidavit for a legal proceeding. Instead of requiring them to travel to court, a judge could issue a dedimus potestatem to a notary public or another authorized officer, granting them the power to visit the individual, administer the necessary oath, and witness the signing of the document.
  This shows the term's use in empowering an individual to perform a formal legal act (administering an oath) outside the courtroom for a party unable to attend.
• Example 3: Historical Appointment of an Attorney
  In medieval England, if a noble was involved in a court case but was unable to attend due to illness or military service, they could not simply send an attorney. The court would issue a dedimus potestatem, specifically authorizing a designated person to act as the noble's attorney in court, thereby granting them the power to represent the absent party.
  This highlights the historical application of the term in granting authority for legal representation, particularly when a party could not physically appear before the court.