Legal Definitions - dubitatur

Dubitatur is a Latin term that translates to "it is doubted." In legal contexts, this phrase is used to indicate that a specific point of law, a legal principle, or an interpretation of a statute is considered uncertain, questionable, or has been subject to disagreement. It signals that there is no clear, universally accepted answer to a particular legal question, often due to conflicting judicial opinions, ambiguity in the law itself, or a lack of established precedent.

• Example 1: Judicial Dissent

  In a state supreme court case addressing the legal standing of environmental groups to sue over certain regulatory violations, a dissenting judge might write, "While the majority has found that these groups possess standing, the application of this broad interpretation to future cases involving indirect harm dubitatur."

  This illustrates that the dissenting judge believes the legal point—the precise scope of standing for environmental groups in certain situations—is not settled or is open to significant doubt, despite the majority's ruling in the immediate case.

• Example 2: Legal Scholarship

  A law professor publishing an article on the emerging field of space law might state, "Whether a private entity operating a lunar mining facility can claim sovereign rights over extracted resources under current international treaties dubitatur among legal scholars and international bodies."

  Here, the term highlights that the question of resource ownership in outer space is an unresolved and debated legal issue within the academic and policy communities, lacking a definitive legal answer.

• Example 3: Appellate Court Review

  During an appellate court's review of a trial court's decision, the judges might note in their opinion, "The trial court's novel application of the 'last clear chance' doctrine to a pedestrian accident involving an autonomous vehicle presents a legal question where the appropriate standard of care dubitatur."

  This demonstrates the appellate court acknowledging that the precise legal standard to apply in this new factual scenario (autonomous vehicles and an old legal doctrine) is not universally agreed upon and remains a point of contention or uncertainty in the law.