Legal Definitions - in adversum

The Latin term in adversum describes a legal action or decision that is made against a party who actively opposes it, rather than one that is agreed upon or consented to. It signifies a contested outcome where one side prevails over the other's resistance, meaning the decision was rendered despite the objections and arguments of the losing party.

• Example 1: Civil Litigation

  Imagine a scenario where a homeowner sues a construction company for faulty workmanship. The construction company denies any wrongdoing and vigorously defends itself in court, presenting evidence and arguments to counter the homeowner's claims. After a full trial, the judge rules in favor of the homeowner, ordering the company to pay damages for repairs. This judgment is considered in adversum because it was issued against the construction company's active resistance and legal arguments, rather than being a settlement or an agreed-upon outcome.

• Example 2: Family Law Custody Dispute

  Consider a divorce case where both parents seek primary custody of their children, but they cannot agree on a parenting plan. Each parent presents their case to the court, highlighting why they believe they should be the primary caregiver. After hearing all the evidence and testimony, the judge awards primary custody to one parent, despite the other parent's strong objections and legal arguments for their own custody. The judge's custody order is an in adversum decision because it was made against the express wishes and legal opposition of the non-prevailing parent.

• Example 3: Administrative Hearing

  A local business is accused by a city zoning board of violating a noise ordinance. The business owner disputes the allegations, hires an attorney, and presents evidence at an administrative hearing to demonstrate compliance with the rules. Despite the business owner's efforts and arguments, the zoning board ultimately issues a ruling that the business is in violation and imposes a fine. This ruling is an in adversum decision because it was made against the business owner's active defense and resistance to the charges.