Legal Definitions - spreta auctoritate judicis

Spreta auctoritate judicis is a Latin legal phrase that historically describes a situation where the authority or specific orders of a judge have been openly disregarded or defied. It refers to an act of disrespect or non-compliance with a judicial command or the inherent power of the court.

Here are some examples to illustrate this concept:

• Imagine a contentious divorce hearing where the judge issues a clear order for one parent to return the children to the other parent by a specific time. If the first parent intentionally fails to comply with this order, keeping the children beyond the designated time without any legitimate reason, their actions would be considered spreta auctoritate judicis. They are directly disregarding a judicial command regarding child custody.

• Consider a situation in a courtroom where a witness, while on the stand, repeatedly refuses to answer a question that the judge has explicitly instructed them to answer. Despite the judge's warnings and direct commands to respond, the witness remains silent or gives evasive answers, thereby challenging the court's power to compel testimony. This defiance of the judge's direct instruction exemplifies spreta auctoritate judicis.

• Suppose a judge issues a temporary restraining order against a business, prohibiting it from selling a particular product suspected of being unsafe, pending further investigation. If the business continues to sell the product, ignoring the court's injunction, their actions would constitute spreta auctoritate judicis. They are deliberately flouting a legally binding order issued by the court to protect public safety.