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Simple English definitions for legal terms
equity praeter legem
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A quick definition of equity praeter legem:
Equity praeter legem refers to the use of fairness and justice to address situations where the law is unclear or incomplete. It means that when the law doesn't provide a solution, a judge can use their own judgment to make a decision that is fair and just. This is sometimes called praeter legem.
A more thorough explanation:
EQUITY PRAETER LEGEM
Equity praeter legem (pronounced pree-tuh-r lee-jum) is a legal term that refers to the use of equity to fill a gap in the law. It means that when there is no specific law that applies to a particular situation, a judge can use their discretion to make a decision based on fairness and justice.
For example, let's say that there is no law that specifically addresses the issue of online harassment. If someone is being harassed online, a judge may use equity praeter legem to make a decision based on what they believe is fair and just, even if there is no specific law that applies.
Another example could be in a case where a person is injured due to a product that is not covered by any specific law. In this case, a judge may use equity praeter legem to make a decision based on what they believe is fair and just, even if there is no specific law that applies.
Equity praeter legem is used when there is no specific law that applies to a particular situation. It allows judges to use their discretion to make a decision based on fairness and justice. The examples illustrate how equity praeter legem can be used in situations where there is no specific law that applies. In these cases, a judge can use their discretion to make a decision based on what they believe is fair and just.