Legal Definitions - legem habere

legem habere

Legem habere is a Latin phrase that historically referred to the legal capacity of an individual to provide testimony under oath in a court of law. Essentially, it meant possessing the right and ability to be a credible witness whose statements could be considered by the court. In historical legal systems, certain individuals, such as those with criminal convictions or specific social statuses, were sometimes deemed to lack legem habere, meaning their testimony was not admissible. Today, most modern legal systems presume that all competent individuals have the ability to testify, though their credibility may still be challenged.

• A Witness in a Property Dispute: Sarah is involved in a boundary dispute with her neighbor. She calls her former landscaper, Mark, to testify about where he installed a fence years ago. Mark, being a competent adult with no legal impediments, possesses legem habere. He is sworn in by the court and provides his account of the fence installation, which the judge considers as evidence. This illustrates legem habere because Mark has the legal right and ability to offer his sworn testimony in court.
• A Victim Testifying in a Criminal Trial: John is the victim of a robbery and is asked to identify the perpetrator in court. Before he speaks, he takes an oath to tell the truth. As a competent individual, John has legem habere, allowing him to provide his sworn testimony regarding the events of the robbery and his identification of the accused. His testimony is then weighed by the jury as part of the evidence. This demonstrates legem habere because John is legally permitted to give his sworn account of the crime to the court.
• A Deposition in a Personal Injury Case: During the discovery phase of a personal injury lawsuit, a key witness, Emily, is asked to give a deposition. She is sworn in by a court reporter and answers questions from attorneys outside of a courtroom setting. Because Emily has legem habere, her sworn statements during the deposition are legally valid and can be used as evidence in the trial, even if she cannot physically appear in court later. This shows legem habere in action as Emily's sworn testimony, given under oath, is legally recognized and admissible.