Legal Definitions - obtorto collo

obtorto collo

This Latin phrase literally translates to "dragged by the neck." In a legal context, it describes a situation where an individual is compelled or forced to appear in court, participate in a legal process, or comply with a legal demand against their will. While historically it referred to the physical act of bringing an unwilling party to court, today it metaphorically signifies being legally compelled to participate in a proceeding or action.

• Example 1: A Reluctant Witness

  Imagine a person who witnessed a minor traffic accident but is extremely busy and prefers not to get involved in legal proceedings. Despite their reluctance, they receive a subpoena, a legal order requiring them to appear in court and provide testimony. If they fail to appear, they could face legal penalties. This witness is brought to court obtorto collo, compelled by the legal system to participate against their personal preference.

• Example 2: Mandatory Arbitration Clause

  Consider a consumer who signed a contract for a new service, which included a mandatory arbitration clause. Later, a dispute arises with the service provider. The consumer would prefer to sue in court, believing it offers a better chance of a favorable outcome. However, due to the contract, they are legally required to submit their dispute to arbitration, an alternative dispute resolution process, rather than litigation. The consumer is thus brought into arbitration obtorto collo, forced to participate in a specific dispute resolution mechanism against their initial desire.

• Example 3: Extradition of a Fugitive

  Suppose an individual is accused of a serious crime in one country and flees to another, hoping to evade prosecution. Law enforcement in the first country initiates extradition proceedings, working with authorities in the second country to have the individual returned. Once arrested in the second country, the individual is legally compelled to be transferred back to the jurisdiction where the charges originated, regardless of their strenuous objections. This person is brought back to face justice obtorto collo, forcibly returned to the legal process against their will.