Legal Definitions - si ita est

Si ita est is a Latin phrase that translates to "if it be so" or "if this is the case." It is a conditional phrase, meaning that a particular action, consequence, or determination depends entirely on whether a preceding statement or condition is true.

Historically, this phrase was used in legal documents to introduce a condition upon which an order or action would be based. Its essence is to make a subsequent action contingent on the verification or acceptance of a specific fact or circumstance.

Here are some examples illustrating its use:

• Example 1: Court Order

  A judge might issue a preliminary order stating, "The defendant's bank accounts shall be temporarily frozen, si ita est, that the plaintiff provides verifiable evidence of the defendant's intent to flee the jurisdiction by the end of the business day."

  Explanation: This demonstrates "si ita est" by making the freezing of the bank accounts conditional. The action (freezing accounts) will only occur if the specific condition (plaintiff providing verifiable evidence of intent to flee) is met and proven to be true.

• Example 2: Contractual Agreement

  A clause in a commercial lease agreement might read, "The tenant shall be responsible for all structural repairs to the premises, si ita est, that the damage resulted from the tenant's negligence or misuse."

  Explanation: Here, "si ita est" establishes a condition for the tenant's responsibility. The tenant is only obligated to pay for structural repairs if it is proven that their negligence or misuse caused the damage. If the damage was due to normal wear and tear or an act of nature, the condition is not met, and the tenant is not responsible under this clause.

• Example 3: Regulatory Compliance

  A government agency's policy might state, "The company's operating license will be immediately suspended, si ita est, that an independent audit confirms repeated violations of environmental safety standards within the last fiscal year."

  Explanation: This example shows "si ita est" setting a clear condition for a severe consequence. The suspension of the operating license is not automatic but is contingent upon the truth of the audit's findings regarding repeated environmental safety violations.