Legal Definitions - simul cum

simul cum is a Latin phrase that translates to "together with." In legal contexts, this term was historically used in formal documents, such as indictments or complaints, to indicate that a named individual or entity acted jointly with others. It was particularly useful when some of the participants in an action, often an offense or injury, were not yet identified or apprehended.

• Example 1: Criminal Indictment

  Imagine an old court record from the 19th century detailing a charge of public disturbance. The indictment might state that a named individual, Thomas Miller, committed the offense "simul cum diversis aliis personis ignotis" (together with various other unknown persons). This phrasing would appear if witnesses saw Miller participating in a riot alongside several other individuals whose identities were not known to the authorities at the time of the charge.

  This example illustrates simul cum by showing that Thomas Miller was not accused of acting alone. Instead, the legal document acknowledged that he was part of a group, and his actions were committed "together with" others who remained unidentified, establishing the joint nature of the alleged crime.

• Example 2: Civil Complaint for Damages

  Consider a historical civil lawsuit where a property owner sued for damages caused by trespass and vandalism. The complaint might allege that a known defendant, Eleanor Vance, caused the damage "simul cum" her associates and accomplices, whose names were not yet discovered. The plaintiff might have evidence that Vance was involved, but also that others acted alongside her, even if their specific identities were unknown.

  Here, simul cum highlights that Eleanor Vance is being held accountable not just for her individual actions but also for the collective harm caused by her and those who acted "together with" her. It allows the legal process to acknowledge joint responsibility even when not all parties are initially named.

• Example 3: Formal Legal Order or Decree

  In a historical context, a court might issue an order to cease certain activities. For instance, a decree might command a particular business owner, Mr. Henderson, to stop polluting a local river "simul cum" any employees or agents acting under his direction. This would be used if the court had evidence that the pollution was a collective effort involving Henderson and his staff, but without needing to list every single employee by name.

  This example demonstrates simul cum by extending the scope of the legal order beyond just the named individual. It clarifies that the directive applies to Mr. Henderson and all those who act "together with" him in the course of his business, ensuring that the collective action causing the pollution is addressed.