Legal Definitions - et allocatur

Et allocatur is a Latin phrase that translates to "and it is allowed." In legal contexts, this term historically indicates that a court or other legal authority has formally approved, granted, or sanctioned something, such as a claim, a request, or a specific expense.

• Example 1: Approval of Costs

  Imagine a scenario where a party successfully wins a lawsuit and then submits a detailed list of expenses incurred during the litigation, such as fees for expert witnesses, court filing fees, and other legitimate disbursements. After reviewing this "bill of costs," the judge determines that the expenses are reasonable and necessary. In historical legal documents, the judge's formal approval for these costs to be reimbursed might be noted with the phrase "et allocatur," signifying that the court has allowed these specific expenses to be recovered by the winning party.

  This example illustrates "et allocatur" as the court's official allowance and approval of financial claims made by a litigant.

• Example 2: Granting a Petition

  Consider a historical case where an individual filed a petition with a court, seeking a specific legal remedy, such as the right to inherit a particular property or to have a certain legal status recognized. After hearing arguments from all relevant parties and considering the evidence, the court rules in favor of the petitioner, granting the requested relief. The court's decision to formally approve and grant the petition could be historically recorded with the notation "et allocatur," indicating that the petition was allowed or approved by the judicial authority.

  Here, "et allocatur" signifies the court's formal approval and granting of a substantive legal claim or request made by a petitioner.

• Example 3: Affirmation of a Lower Court's Ruling

  In an appellate court system, a party might appeal a decision made by a lower court. The appellate court reviews the proceedings and judgment of the lower court to determine if any legal errors occurred. If the appellate court finds no errors and decides to uphold the original judgment, effectively allowing the lower court's decision to stand, this affirmation could conceptually be noted in older legal records as "et allocatur" in relation to the lower court's judgment. It means the higher court has allowed or affirmed the previous ruling.

  This demonstrates "et allocatur" as a higher legal authority's allowance or affirmation of a prior judicial decision, permitting it to remain in effect.