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Simple English definitions for legal terms
precludi non debet
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A quick definition of precludi non debet:
Precludi non debet is a Latin phrase that means "he ought not to be barred." It was used in legal proceedings when a plaintiff objected to being prevented from pursuing their case. It was the beginning of the plaintiff's response to a plea in bar.
A more thorough explanation:
PRECLUDI NON DEBET
Precludi non debet is a Latin term that means "he ought not to be barred." It is used in legal proceedings as the beginning of a plaintiff's reply to a plea in bar. The plaintiff objects to being barred from maintaining the action.
Example 1: In a court case, the defendant may argue that the plaintiff's claim is invalid because the statute of limitations has expired. The plaintiff can respond with precludi non debet, arguing that they should not be barred from pursuing their claim.
Example 2: A landlord may try to evict a tenant for non-payment of rent. The tenant can use precludi non debet to argue that they should not be barred from defending themselves if they have a valid reason for not paying rent, such as the landlord's failure to make necessary repairs.
Precludi non debet is a legal term used to object to being barred from pursuing a legal claim or defending oneself in a legal proceeding. The examples illustrate how a plaintiff or defendant can use this term to argue against a plea in bar, such as a statute of limitations or a landlord's eviction notice. By using precludi non debet, the plaintiff or defendant is asserting their right to pursue their claim or defend themselves in court.