Legal Definitions - post causam cognitam

The Latin phrase post causam cognitam historically refers to an action taken or a decision made after a thorough investigation or examination of the facts and circumstances of a case. It emphasizes that a judgment or ruling should only occur once the underlying cause or situation has been fully understood.

• Example 1: A Judge's Ruling in a Civil Case

  Imagine a complex civil lawsuit where a judge must decide liability for a construction defect. The judge spends weeks presiding over the trial, listening to expert testimony from engineers and architects, reviewing extensive building plans and contracts, and hearing arguments from both the plaintiff's and defendant's legal teams. Only after all evidence has been presented, cross-examined, and thoroughly considered does the judge issue a final judgment.

  This decision is made post causam cognitam because the judge has rendered a verdict only after a comprehensive investigation and full understanding of all the facts, technical details, and legal arguments presented in the "cause" or case.

• Example 2: A Regulatory Agency's Enforcement Action

  Consider a government environmental protection agency investigating a factory accused of polluting a local river. Before imposing any fines or ordering operational changes, the agency conducts extensive fieldwork, including water sampling and site inspections. They interview factory employees, review the company's waste disposal records, and consult with independent environmental scientists. After compiling and analyzing all this data, the agency decides on the appropriate enforcement measures.

  The agency's decision to take enforcement action is post causam cognitam, as it is based on a complete and thorough investigation into the alleged pollution, ensuring that the "cause" of the environmental issue is fully understood before any penalties are applied.

• Example 3: A University Disciplinary Committee's Decision

  A university's disciplinary committee receives a complaint about a student's alleged academic misconduct. Before making any determination, the committee conducts interviews with the student, the professor, and any relevant witnesses. They review the student's submitted work, examine course policies, and consider any mitigating circumstances. After gathering all pertinent information and allowing all parties to present their perspectives, the committee decides whether to impose sanctions.

  The committee's final decision regarding the student's academic standing is made post causam cognitam, meaning it is rendered only after a full and careful investigation has allowed them to understand the entire "cause" or situation surrounding the alleged misconduct.