Simple English definitions for legal terms
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Term: QUAE PERIMUNT CAUSAM
Definition: Quae perimunt causam is a Latin term that refers to legal defenses that completely eliminate the basis of an action. These defenses, such as peremptory defenses, take away the foundation of a legal claim or argument. In simpler terms, it means that a defense that destroys the reason for a lawsuit or legal action.
QUAE PERIMUNT CAUSAM
Quae perimunt causam is a Latin term used in legal history to refer to pleas or defenses that take away the basis of an action. These pleas are also known as peremptory defenses.
An example of quae perimunt causam would be a defendant arguing that the plaintiff's claim is invalid because the statute of limitations has expired. This defense takes away the basis of the plaintiff's action, as the claim is no longer valid due to the time limit.
Another example would be a defendant arguing that the plaintiff lacks standing to bring the claim. This defense takes away the basis of the plaintiff's action, as they do not have the legal right to bring the claim.
The examples illustrate how quae perimunt causam refers to defenses that undermine the basis of a legal action. In both cases, the defendant is arguing that the plaintiff's claim is invalid, either because the time limit has expired or because the plaintiff lacks standing. By doing so, the defendant is attempting to have the case dismissed before it can proceed any further.