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Legal Definitions - gremio juris, in
Definition of gremio juris, in
The Latin phrase in gremio juris translates to "in the bosom of the law" or "within the embrace of the law." It refers to something that is under the protection, consideration, or jurisdiction of the legal system. When a matter is described as in gremio juris, it means it is subject to legal principles, rules, and the authority of the courts.
Example 1: Property Under Legal Dispute
Imagine two property owners are involved in a lawsuit over an easement, which is a right to use another person's land for a specific purpose, like a driveway. While the court is actively reviewing the deeds, historical usage, and legal arguments to determine the validity and scope of the easement, that specific right-of-way is considered in gremio juris.
This illustrates the term because the legal status of the easement is not yet settled; it is under the direct consideration and authority of the court. The law has taken the matter into its "bosom" for resolution, and neither party can unilaterally alter the situation until a judicial decision is made.
Example 2: A Child's Legal Status After Adoption
Consider a situation where a couple completes a formal adoption process for a child. Once the adoption is legally finalized by a court order, the child gains all the rights and responsibilities of a biological child within that family, including inheritance rights and the right to parental support.
Here, the child's new legal status as a full member of the adoptive family is in gremio juris. This means their relationship and associated rights are firmly established, protected, and recognized by the law, signifying that the legal system fully embraces and upholds this new familial bond.
Example 3: Fundamental Legal Principles
In many legal systems, the principle of "innocent until proven guilty" is a cornerstone of criminal justice. This is not merely a suggestion but a fundamental right that guides all criminal proceedings, requiring the prosecution to prove guilt beyond a reasonable doubt.
This fundamental principle is in gremio juris because it is deeply embedded within the legal system itself. It exists "within the embrace of the law" as an inherent and protected element, ensuring fairness and due process in all criminal cases and guiding how courts operate.
Simple Definition
The Latin phrase "in gremio juris" translates to "in the bosom of the law" or "in the lap of the law." It describes a matter that is under the general protection or power of the law, but has not yet been specifically assigned, decided, or vested in a particular party.