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Simple English definitions for legal terms
modo et forma
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A quick definition of modo et forma:
In legal terms, modo et forma means "in manner and form." It is often used in common-law pleading to shift the burden of proof onto the party whose pleading is being challenged. This means that they must not only prove the facts they allege, but also prove that their pleading was done correctly. It's like saying "prove it, and prove that you did it right."A more thorough explanation:
Definition: Modo et forma means "in manner and form" in Latin. In common-law pleading, this phrase was used to begin the conclusion of a traverse. It was used to put the burden on the party whose pleading was being traversed to prove the allegations of fact and to establish the correctness of the manner and form of the pleading.
- During the trial, the lawyer asked the witness to describe the events modo et forma to ensure that all the details were correct.
- The judge asked the defendant to prove the modo et forma of the contract before making a ruling.
These examples illustrate how modo et forma is used in legal proceedings to emphasize the importance of proving the details and correctness of a pleading or contract.