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Simple English definitions for legal terms
tacit prorogation
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A quick definition of tacit prorogation:
Term: Tacit Prorogation
Definition: Tacit prorogation is when a party does not ask for a judge to be removed from a case even though they know the judge is not qualified to hear it. This gives the judge permission to continue with the case even though they shouldn't be able to. It's like giving someone permission to do something without actually saying it out loud.
A more thorough explanation:
Definition: Tacit prorogation is a legal term that refers to the consent given by a party to a court's or judge's jurisdiction, even though the court or judge may not be qualified to hear the case. This consent is given when the party does not request recusal despite being aware of the judge's lack of qualification.
Example: In a civil case, a judge may not have the necessary expertise to hear a particular case. However, if one of the parties does not request the judge's recusal and continues to participate in the case, this is considered tacit prorogation. The party has given their consent to the judge's jurisdiction, even though the judge may not be qualified to hear the case.
This example illustrates how tacit prorogation works in a civil case. It shows that a party's failure to request recusal can be interpreted as consent to the court's jurisdiction, even if the court or judge is not qualified to hear the case.