Legal Definitions - ex mero motu

Ex mero motu is a Latin phrase meaning "on one's mere motion." It describes an action taken entirely voluntarily, without any external suggestion, prompting, or influence from another person or party. When someone acts ex mero motu, they are doing so purely on their own initiative and free will.

Here are some examples to illustrate this concept:

• Corporate Bonus: Imagine a company's board of directors decides to award a significant, unexpected bonus to all employees at the end of a highly profitable year. This decision was not a result of union negotiations, employee demands, or a pre-existing contractual obligation. Instead, the board acted ex mero motu, choosing to share the company's success purely out of their own discretion and goodwill.

  Explanation: The bonus was given voluntarily, without any external pressure or requirement, demonstrating an action taken solely on the company's own initiative.

• Philanthropic Donation: A private citizen, without being approached by any charity or solicited for funds, decides to donate a substantial sum to a local animal shelter. They were not influenced by a fundraising campaign, a friend's request, or a tax incentive; the idea originated entirely with them.

  Explanation: The act of giving was spontaneous and self-initiated, illustrating that the donor acted ex mero motu by making the contribution without any external prompting.

• Judicial Inquiry: In a legal proceeding, a judge may sometimes decide to raise a particular legal question or issue that neither the prosecution nor the defense has brought up. For instance, the judge might question the admissibility of a piece of evidence based on a procedural rule, even if both parties seemed content with its inclusion. This action is taken because the judge, on their own accord, believes it is necessary for a fair and proper legal process.

  Explanation: The judge's decision to intervene and address an issue not raised by the parties demonstrates acting ex mero motu, as their action stems from their own independent judgment and initiative.