Legal Definitions - ubi

Ubi is a Latin term frequently encountered in legal contexts, meaning "where." It is used to indicate a specific place, circumstance, or condition that forms the basis for a legal principle, right, or obligation.

• Example 1: Legal Maxims

  A fundamental legal maxim states, "Ubi jus ibi remedium," which translates to "where there is a right, there is a remedy."

  This illustrates "ubi" by asserting that where a person possesses a recognized legal right (for instance, the right to not have their property damaged by another's negligence), there the legal system must provide a means (a remedy, such as financial compensation) to protect or enforce that right if it is violated.

• Example 2: Jurisdiction and Applicable Law

  Consider a situation involving a contract dispute between parties from different countries. The contract might specify that "ubi" the contract was signed, or "ubi" the performance was primarily intended to occur, the laws of that particular jurisdiction will govern any disputes.

  Here, "ubi" defines the geographical or circumstantial condition that determines where the legal action should be brought and where the relevant laws will be applied to resolve the conflict.

• Example 3: Establishing Legal Duties

  In environmental law, a principle might state that "ubi" industrial activity causes significant pollution, there a legal duty arises for the responsible party to mitigate the harm or pay for cleanup.

  This demonstrates "ubi" by establishing the specific condition (significant pollution from industrial activity) where a particular legal obligation (to mitigate or pay for cleanup) is triggered and becomes enforceable.