Legal Definitions - sed non allocatur

Sed non allocatur is a historical Latin legal phrase that translates to "but it is not allowed" or "but it is not upheld." In past legal practice, this phrase was used by a court to indicate its rejection or disagreement with an argument presented by a lawyer during a case. It signaled that the court found the argument unconvincing, legally unsound, or irrelevant to the matter at hand.

Here are some examples illustrating how this term would have been applied:

• Imagine a trial in the 18th century where a defense attorney argues that a handwritten note, whose author cannot be identified or cross-examined, should be admitted as crucial evidence. The court, recognizing the note as inadmissible hearsay (information from an outside source not present in court), would have historically responded with "sed non allocatur," signifying that the argument for admitting such evidence is not allowed or upheld due to established rules of evidence.

• Consider a barrister in a 19th-century appellate court attempting to persuade the judges to overturn a long-standing legal precedent based on a highly speculative and unproven theory of law. The judges, finding the barrister's argument to be without sufficient legal basis and contrary to established legal principles, would have used "sed non allocatur" to express their disagreement and refusal to uphold such a radical departure from existing law.

• In a colonial court, a lawyer requests an indefinite postponement of a trial, arguing that his client is "not yet emotionally ready" to proceed, without providing any medical or legal justification. The court, deeming the argument for delay to be frivolous and lacking any legitimate legal grounds, would have historically invoked "sed non allocatur" to reject the motion, indicating that the argument for postponement is not allowed or upheld.