A 'reasonable person' is a legal fiction I'm pretty sure I've never met.

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Legal Definitions - judicare

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Definition of judicare

The term judicare refers to the act of formally judging, deciding, or determining a matter in an authoritative capacity, often within a legal or official framework. It involves making a definitive decision or rendering a judgment after carefully considering facts, evidence, and arguments presented.

Here are some examples to illustrate the concept of judicare:

  • Example 1: A Judge in a Civil Lawsuit

    Imagine a dispute between two neighbors over a shared fence. After hearing testimony from both parties, reviewing property deeds, and considering local zoning laws, the judge issues a final ruling on the fence's placement and who is responsible for its maintenance. In this scenario, the judge's action of weighing the evidence and arguments to arrive at a definitive decision is an act of judicare.

  • Example 2: An Arbitration Panel in a Business Dispute

    Two companies have a disagreement about the terms of a complex supply contract. Instead of going to court, they agree to present their cases to an independent arbitration panel. The panel listens to legal arguments from both sides, examines the contract documents, and then issues a binding decision that clarifies the contract's meaning and dictates how the dispute should be resolved. The panel's process of evaluating the facts and rendering a conclusive determination exemplifies judicare.

  • Example 3: A University Disciplinary Committee

    A university student is accused of academic misconduct. A disciplinary committee is formed to investigate the allegations. The committee reviews evidence, interviews witnesses, and allows the student to present their defense. After thorough deliberation, the committee decides whether the student is guilty and, if so, what disciplinary action (e.g., suspension, expulsion) should be taken. The committee's formal process of assessing the situation and making a final, authoritative decision on the student's conduct is an instance of judicare.

Simple Definition

Judicare is a Latin verb used in civil law. It refers to the act of judging, deciding, or determining a matter judicially, or of giving a formal judgment or sentence. This term describes the process by which a court or judge reaches and pronounces a legal conclusion.