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Simple English definitions for legal terms
praeter legem
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A quick definition of praeter legem:
Term: PRAETER LEGEM
Definition: Praeter legem means "beyond the law." It refers to a legal principle that allows a judge to make a decision based on fairness and justice, even if it goes against the strict letter of the law. This principle is often used in cases where the law does not provide a clear solution or where following the law would result in an unfair outcome. Essentially, it means that sometimes, doing what is right is more important than following the rules exactly as they are written.
A more thorough explanation:
Definition: Praeter legem is a Latin term that means "beyond the law." It refers to situations where a court may make a decision that goes beyond what is strictly required by the law in order to achieve a just outcome. This is also known as equity praeter legem.
Example: An example of praeter legem might be a case where a person is being evicted from their home due to non-payment of rent. While the law may require the eviction to proceed, a court may decide to delay the eviction or provide the tenant with additional time to pay the rent in order to avoid homelessness.
Another example could be a case where a person is facing a harsh punishment for a minor offense. The court may decide to reduce the punishment in order to achieve a fair and just outcome.
These examples illustrate how praeter legem allows courts to consider the unique circumstances of a case and make decisions that go beyond what is strictly required by the law in order to achieve a just outcome.