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Legal Definitions - stare in judicio

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Definition of stare in judicio

Stare in judicio is a historical legal term that refers to the act of formally appearing before a court or other legal tribunal as a party to a case, whether as the person bringing the complaint (the plaintiff) or the person being accused or sued (the defendant).

  • Example 1: Imagine a homeowner, Ms. Chen, who discovers significant structural defects in her newly built house and decides to sue the construction company. When Ms. Chen attends the initial court hearing to present her claim and formally begin the legal process, she is engaging in stare in judicio.

    Explanation: As the plaintiff, Ms. Chen is the party bringing the complaint, and her formal appearance before the court to pursue her legal action directly illustrates the concept of stare in judicio.

  • Example 2: Consider Mr. Davies, who has been accused of a traffic violation that carries a substantial fine and potential license suspension. When Mr. Davies appears in court for his arraignment to enter a plea and later for his trial to defend himself against the charges, his presence fulfills the meaning of stare in judicio.

    Explanation: Mr. Davies is the defendant in this scenario, and his required appearance before the judicial tribunal to address the accusations against him is a clear instance of stare in judicio.

  • Example 3: A small business owner, Mr. Kim, receives a notice of a violation from a local zoning board regarding the signage outside his shop. He decides to contest the violation and attends a hearing before the administrative tribunal set up by the board. Mr. Kim's appearance at this hearing to present his arguments is an example of stare in judicio.

    Explanation: Although this is an administrative hearing rather than a traditional court, Mr. Kim is a party appearing before a legal body (the zoning board's tribunal) to address a legal matter, thus demonstrating the principle of stare in judicio.

Simple Definition

Stare in judicio is a historical Latin term that refers to the act of appearing before a court or tribunal. This appearance could be either as the plaintiff, who initiates the legal action, or as the defendant, against whom the action is brought.

The difference between ordinary and extraordinary is practice.

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