Legal Definitions - dies

The Latin term dies simply means "a day" or "days." In legal contexts, it is often used as part of more specific phrases to denote particular types of days or deadlines.

• dies ad quem

  This refers to the final date or deadline for a specific legal or financial matter, after which certain obligations or calculations cease.

  • Example 1: A mortgage agreement specifies that the final payment is due on December 31st, 2040. This date is the dies ad quem, after which no further interest will accrue, and the loan will be considered fully repaid.

    Explanation: This example illustrates the ending date for a financial obligation, where calculations like interest accrual stop.

  • Example 2: A construction contract states that all work must be completed by June 15th. This date serves as the dies ad quem for the project, and any work performed after this date may incur penalties or be considered a breach of contract.

    Explanation: Here, the term marks the absolute deadline for a contractual obligation to be fulfilled.

• dies amoris

  (Historical) This was a specific day, often the fourth day of a court term, granted to a defendant to make their initial appearance in court. It essentially served as a "day of favor" or grace period for appearance.

  • Example 1: In a medieval English court, a defendant accused of trespass might be summoned to appear. The court would set a dies amoris, perhaps the fourth day of the upcoming judicial session, giving the defendant a specific window to present themselves without immediate penalty.

    Explanation: This shows the historical practice of granting a defendant a specific, somewhat lenient, day to appear in court.

  • Example 2: A feudal lord, having received a summons, would understand that the dies amoris was the designated day by which he was expected to make his formal presence known to the court, allowing him a few days to travel and prepare.

    Explanation: This highlights the practical application of the "day of favor" for a defendant to physically appear before the court.

• dies a quo

  This refers to the starting date for a legal or financial calculation or the commencement of a transaction.

  • Example 1: A new car loan begins on March 1st. This date is the dies a quo, from which interest calculations and the repayment schedule officially start.

    Explanation: This demonstrates the beginning date for financial obligations and calculations.

  • Example 2: A tenant signs a lease agreement on January 1st, and that is the dies a quo for their occupancy and rent payments, even if they don't physically move in until a few days later.

    Explanation: This illustrates the commencement date for a contractual agreement and associated responsibilities.

  • Example 3: A product warranty states it is valid for one year from the date of purchase. The purchase date is the dies a quo for the warranty period.

    Explanation: This shows the starting point for a period of legal protection or coverage.

• dies cedit

  (Roman & Scots Law) This signifies the date when a legal right or interest, such as an inheritance, becomes legally established or "vested," even if the actual enjoyment or claim of that right is postponed to a later time. It means the right exists, though it may not yet be actionable.

  • Example 1: A will stipulates that a grandchild will inherit a sum of money when they turn 25. The testator (the person who made the will) dies when the grandchild is 10. The date of the testator's death is the dies cedit, as the grandchild's right to the inheritance is established at that moment, even though they cannot claim it for another 15 years.

    Explanation: This shows that the right to the legacy is created and secured at the testator's death, even if the actual payment is delayed.

  • Example 2: A trust is created on January 1st for a beneficiary, with the condition that they receive the funds upon graduating from college. January 1st is the dies cedit, as the beneficiary's interest in the trust vests on that day, even if their graduation is years away.

    Explanation: The establishment of the trust creates a vested right for the beneficiary from that initial date.

• dies comitiales

  (Roman Law) These were specific days designated in the Roman calendar when public assemblies could be held, including elections or legislative meetings.

  • Example 1: A Roman citizen wishing to vote for new magistrates would know that elections were only permitted on certain pre-determined dies comitiales throughout the year, not just any day.

    Explanation: This illustrates the restricted days for electoral processes in ancient Rome.

  • Example 2: The Roman Senate, when planning to debate and vote on a new law, would have to schedule these legislative sessions to coincide with the officially recognized dies comitiales.

    Explanation: This highlights the designated days for formal legislative functions.

• dies communes in banco

  (Historical) This term referred to:

  1. Standard dates when parties were expected to appear in court.
  2. A historical legal provision from the Statutes of Henry III that set rules for court adjournments and when legal documents (writs) had to be returned to court.
  • Example 1 (Meaning 1): In medieval English courts, if a defendant was summoned, they would be given a specific dies communes in banco, a common return day, by which they had to appear before the King's Bench.

    Explanation: This demonstrates the concept of fixed, regular court appearance dates.

  • Example 2 (Meaning 2): A sheriff executing a royal writ would be bound by the Statutes of Henry III to ensure the writ was returned to the court by a particular dies communes in banco, regulating the administrative flow of justice.

    Explanation: This illustrates the historical statutory regulation of court procedures and deadlines for legal documents.

• dies datus

  A granted postponement or extension of time in a legal proceeding, particularly for a defendant before the formal charges or claims (declaration) are officially presented. It provides a period of delay or "respite."

  • Example 1: A defendant receives a summons but needs more time to consult with an attorney and gather initial information. The court grants a dies datus, allowing them an extra two weeks before they must formally respond to the plaintiff's initial complaint.

    Explanation: This shows a court-granted extension to a defendant for preparation.

  • Example 2: Before a plaintiff files their detailed declaration of claims, the judge might grant a dies datus to both parties to explore a preliminary settlement, hoping to avoid full litigation.

    Explanation: This illustrates a period of respite granted by the court to facilitate an early resolution.

• dies datus in banco

  (Historical) A specific date granted for a court appearance or action directly before the full court (the "bench"), as opposed to a hearing before a single judge or at a local circuit court (nisi prius).

  • Example 1: An attorney arguing a complex point of law that requires the attention of all judges of a higher court would be given a dies datus in banco for their oral arguments.

    Explanation: This specifies an appearance before the full judicial panel, indicating a more formal or significant hearing.

  • Example 2: A case involving a novel legal question might be scheduled for a dies datus in banco to ensure that the entire court can deliberate on the precedent-setting issue.

    Explanation: This highlights a court date set for a matter requiring the collective decision of the full bench.

• dies datus partibus

  A postponement or adjournment of a court proceeding, granted to the parties involved in the case.

  • Example 1: Due to a sudden illness of a key witness, both the plaintiff and defendant agree to request, and the court grants, a dies datus partibus to reschedule the trial.

    Explanation: This shows an adjournment of a case that benefits both sides due to unforeseen circumstances.

  • Example 2: During ongoing settlement negotiations, the lawyers for both sides jointly ask the judge for a dies datus partibus to allow more time to finalize the terms of an agreement.

    Explanation: This illustrates a court-approved delay to facilitate a resolution between the parties.

• dies datus prece partium

  A postponement or extension of time in a legal case that is specifically granted by the court because both parties involved have requested it.

  • Example 1: The plaintiff and defendant jointly file a motion asking for a delay in the discovery deadline, citing the need to review a large volume of new documents. The court's approval of this joint request results in a dies datus prece partium.

    Explanation: This emphasizes that the delay was granted specifically because both parties formally asked for it.

  • Example 2: Before a scheduled hearing, both legal teams realize they need additional time to prepare a complex expert witness testimony. They submit a joint application, and the judge grants a dies datus prece partium to reschedule the hearing.

    Explanation: This highlights a court-approved extension based on the mutual request and agreement of all parties involved.

• dies Dominicus

  Sunday, traditionally known as the Lord's Day.

  • Example 1: In historical legal systems, certain activities like serving legal papers or holding court sessions were often prohibited on dies Dominicus.

    Explanation: This illustrates the historical legal recognition of Sunday as a distinct day for legal purposes.

  • Example 2: A contract might specify that if a deadline falls on a dies Dominicus, it automatically extends to the next business day.

    Explanation: This shows how Sunday is treated differently in contractual or legal time calculations.

• dies excrescens

  The extra day added to the calendar during a leap year (February 29th).

  • Example 1: A lease agreement for a specific number of days that spans a leap year would implicitly include the dies excrescens in its total duration.

    Explanation: This shows how the extra day in a leap year is accounted for in time-based legal agreements.

  • Example 2: If a legal statute specifies a deadline of February 29th in a leap year, that particular day is the dies excrescens relevant to the deadline.

    Explanation: This highlights the specific identification of February 29th as the "increasing day" in legal contexts.

• dies fasti

  (Roman Law) Days in the Roman calendar when legal proceedings were permitted, and magistrates (praetors) could officially conduct court business and issue judgments.

  • Example 1: A Roman citizen seeking to initiate a lawsuit or have a dispute resolved by a praetor would only be able to do so on a dies fasti, as these were the only days when courts were open for business.

    Explanation: This illustrates the designated days for the administration of justice.

  • Example 2: Praetors would reserve their formal pronouncements of legal decisions and decrees for the dies fasti, ensuring their official acts were performed on legally sanctioned days.

    Explanation: This highlights the specific days when legal officials could perform their duties.

• dies feriati

  (Roman & Civil Law) Public holidays or festival days when legal and public business was suspended.

  • Example 1: During major Roman religious festivals, all public offices and courts would close, observing these days as dies feriati, meaning no legal or political work could be done.

    Explanation: This shows how religious holidays historically suspended legal activities.

  • Example 2: In some modern civil law jurisdictions, certain national holidays are officially designated as dies feriati, and any legal deadlines falling on these days are automatically extended to the next business day.

    Explanation: This illustrates the modern application of holidays as days when legal business is paused.

• dies gratiae

  (Historical) A day of leniency or extension, typically granted to the plaintiff in a legal case.

  • Example 1: If a plaintiff faced a minor, excusable delay in submitting a required document, the court might historically grant a dies gratiae, allowing them an extra day to file without penalty.

    Explanation: This demonstrates a court's leniency towards a plaintiff for a minor procedural issue.

  • Example 2: A plaintiff whose initial court filing contained a small technical error might be given a dies gratiae to correct it, rather than having the entire filing rejected.

    Explanation: This highlights a grace period given to a plaintiff to rectify an oversight.

• dies intercisi

  (Roman Law) Days in the Roman calendar when courts were open and legal business could be conducted for only a portion of the day, not the full duration.

  • Example 1: A praetor might hold court hearings only in the morning on a particular dies intercisi, with the afternoon reserved for other public duties or religious observances.

    Explanation: This illustrates a day with limited court hours.

  • Example 2: Certain minor festivals or public events might lead to a dies intercisi, where legal proceedings were permitted but restricted to specific, shorter timeframes.

    Explanation: This shows how certain days had partial legal functionality.

• dies juridicus

  A day on which legal proceedings can legitimately take place and justice can be administered.

  • Example 1: In most modern legal systems, weekdays (Monday through Friday) are considered dies juridicus, meaning courts are open and legal actions can be performed.

    Explanation: This identifies the standard days for court operations.

  • Example 2: If a legal deadline falls on a Saturday, it is typically extended to the next dies juridicus (usually Monday), as Saturday is not considered a day when justice is regularly administered.

    Explanation: This shows how the concept defines when legal actions are validly performed.

• dies legitimus

  (Roman Law) A day that is legally recognized and appropriate for conducting legal business or fulfilling legal obligations.

  • Example 1: A contract signed on a dies legitimus would be considered fully valid and enforceable under Roman law, unlike one signed on a prohibited day.

    Explanation: This highlights the legal validity of actions performed on a recognized "lawful day."

  • Example 2: For a Roman citizen to make a formal appearance in court or present a legal petition, it had to be done on a dies legitimus to be properly received and processed by the magistrates.