Legal Definitions - quod fuit concessum

Quod fuit concessum is a Latin phrase historically used in legal reports to indicate that a specific argument, point, or proposition put forth by a lawyer during court proceedings was accepted or approved by the judge or court. It essentially means "which was granted" or "which was conceded," signifying the court's agreement with a particular legal or factual assertion made by counsel. This phrase is primarily found in older legal records and reports, reflecting a time when Latin was more commonly integrated into legal documentation.

Here are some examples illustrating how quod fuit concessum would have been applied:

• Example 1: Admitting Evidence

  During a trial in the 18th century, a defense attorney argued that a particular document, though not directly signed by the defendant, should be admitted as evidence because it was clearly referenced and acted upon by all parties involved. The prosecution objected, but after hearing the defense's reasoning, the judge ruled that the document could indeed be presented to the jury.

  In the historical legal report of this case, the notation "quod fuit concessum" would appear after the description of the defense attorney's argument, indicating that the court agreed with and granted the request to admit the document.

• Example 2: Interpreting a Statute

  A barrister in a 17th-century property dispute argued that a certain clause in an old land grant should be interpreted to mean that the right to fell timber was reserved for the original grantor's heirs, not transferred with the sale of the land. The opposing counsel presented a different interpretation. After deliberation, the court sided with the barrister's reading of the clause, establishing that interpretation for the case.

  The legal report for this case would record the barrister's argument regarding the statute's interpretation, followed by "quod fuit concessum," signifying that the court accepted and adopted that specific legal interpretation.

• Example 3: Acknowledging a Factual Premise

  In a case concerning a disputed inheritance from the early 19th century, a claimant's attorney began their argument by stating that it was a universally accepted fact that the deceased had no other living relatives apart from those named in the will. This foundational premise was not contested by the opposing side and was crucial for the attorney's subsequent legal reasoning. The court implicitly acknowledged this uncontested fact as a basis for proceeding.

  A historical account of the proceedings might note the attorney's statement of this factual premise, followed by "quod fuit concessum," indicating that the court accepted this foundational fact as true and allowed the argument to proceed based on it.