Legal Definitions - vel non

Vel non is a Latin phrase meaning "or not" or "or the absence of it." In legal discussions, it is used to indicate that the presence or absence of a particular condition, fact, or legal element is the central point of consideration or dispute. It essentially poses a binary question: is this thing present, or is it not?

Here are some examples illustrating its use:

• A court might need to determine the existence of a valid contract vel non before deciding on damages. This means the court is focused on whether a legally binding contract was formed or not formed. The entire case hinges on proving the presence or absence of that contractual agreement.

• During a criminal trial, the jury's primary task is to assess the guilt of the defendant vel non based on the evidence presented. Here, "guilt vel non" refers to whether the defendant is found to be guilty or not guilty. Their deliberation is a determination of the presence or absence of guilt beyond a reasonable doubt.

• In a civil rights case, a judge might instruct the jury to consider the discriminatory intent of the employer vel non when evaluating a hiring decision. This directs the jury to decide whether the employer acted with discriminatory intent or without such intent. The outcome depends entirely on their finding regarding the presence or absence of that specific intent.