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Simple English definitions for legal terms
probabilis causa litigandi
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A quick definition of probabilis causa litigandi:
Term: PROBABILIS CAUSA LITIGANDI
Definition: In Scots law, a probable cause of action. This means that if someone wants to get legal help, they need to have a good reason for taking legal action. It's like having a good reason for going to the doctor when you're sick. You need to show that there's a problem that needs to be fixed.
A more thorough explanation:
PROBABILIS CAUSA LITIGANDI
Probabilis causa litigandi is a Latin term used in Scots law to refer to a probable cause of action. When someone applies for legal aid, they must demonstrate that there is a reasonable basis for the proposed legal action.
For example, if someone wants to sue their landlord for not fixing a leaky roof, they must show that there is a probable cause of action. This means that they must provide evidence that the landlord was aware of the problem and failed to take action to fix it. If they cannot provide such evidence, their case may not be considered probable and they may not be granted legal aid.
Another example could be a person who wants to file a lawsuit against a company for selling a defective product. They must show that there is a probable cause of action by providing evidence that the product was indeed defective and that the company was aware of the defect but failed to take action to correct it.
These examples illustrate how the concept of probabilis causa litigandi is used in Scots law to ensure that legal aid is only granted to those who have a reasonable chance of success in their legal action.