Legal Definitions - in iisdem terminis

The Latin legal phrase in iisdem terminis translates to "in the same terms" or "in the identical words." When a legal document, statement, or ruling is made or adopted "in iisdem terminis," it signifies that the exact language, conditions, or provisions from a previous source are being used again without any alteration or rephrasing. It emphasizes an exact replication rather than a summary or interpretation.

• Example 1: Court Orders

  A judge might issue a temporary restraining order against a party, prohibiting them from contacting a specific individual. If, after a full hearing, the judge decides to make that order permanent and uses the exact same prohibitions and conditions as the temporary order, the permanent order would be considered issued in iisdem terminis. This means the precise restrictions from the temporary order are now permanently binding.

• Example 2: Legislative Drafting

  When a new state law is being drafted, it might need to define certain terms or establish specific procedures that are already well-defined in an existing federal statute. To ensure consistency and avoid creating new interpretations, the state legislature might explicitly state that those definitions or procedures are adopted in iisdem terminis from the federal law. This means the exact wording from the federal statute is incorporated directly into the new state law.

• Example 3: ContractAmendments

  Imagine two companies have a detailed business contract. Later, they agree to an amendment to address a new aspect of their partnership. If the amendment specifies that a particular clause from the original contract, such as the confidentiality agreement, remains in full force and effect in iisdem terminis, it means that the original wording of that confidentiality clause is carried over precisely into the amended agreement, without any changes or reinterpretation.