cessante ratione legis cessat

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Cessante ratione legis cessat, et ipsa lex -reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself Legis interpretatio legis vim obtinet -the construction of law obtains the force of law Lex prospicit, non respicit -the law looks forward, not backward. “prospectivity” Ex necessitate legis -from the necessity of law. In eo quod plus sit semper inest et minus -the less is always included in the greater Casus omissus pro omisso habendus est-“a case omitted is to be held as intentionally omitted.” It is a rule of statutory construction. If a person, object, or thing is omitted from being enumerated in a statute, it must be held or considered to have been omitted intentionally. Interest reipublicae ut sit finis litium -in the interest of society as a whole, litigation must come to an end. Stare decisis-"to stand by a decision," the doctrine that a trial court is bound by appellate court decisions (precedents) on a legal question which is raised in the lower court. Reliance on such precedents is required of trial courts until such time as an appellate court changes the rule, for the trial court cannot ignore the precedent (even when the trial judge believes it is "bad law"). Verba Legis - If the language of the statute is plain and free from ambiguity, and express a single, definite, and sensible meaning, that meaning is conclusively presumed to be the meaning which the legislature intended to convey. Thus, It must be interpreted literally Index animi sermo - Speech is the index of the mind. Verba legis non est recedendum From the words of the statute there should be no departure

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Page 1: Cessante Ratione Legis Cessat

Cessante ratione legis cessat, et ipsa lex -reason is the soul of the law, and when the reason of any particular law ceases, so does the law itselfLegis interpretatio legis vim obtinet -the construction of law obtains the force of lawLex prospicit, non respicit -the law looks forward, not backward. “prospectivity”Ex necessitate legis -from the necessity of law.In eo quod plus sit semper inest et minus -the less is always included in the greaterCasus omissus pro omisso habendus est-“a case omitted is to be held as intentionally omitted.”It is a rule of statutory construction. If a person, object, or thing is omitted from being enumerated in a statute, it must be held or considered to have been omitted intentionally.Interest reipublicae ut sit finis litium -in the interest of society as a whole, litigation must come to an end.Stare decisis-"to stand by a decision," the doctrine that a trial court is bound by appellate court decisions (precedents) on a legal question which is raised in the lower court. Reliance on such precedents is required of trial courts until such time as an appellate court changes the rule, for the trial court cannot ignore the precedent (even when the trial judge believes it is "bad law").

Verba Legis - If the language of the statute is plain and free from ambiguity, and express a single, definite, and sensible meaning, that meaning is conclusively presumed to be the meaning which the legislature intended to convey. Thus, It must be interpreted literallyIndex animi sermo - Speech is the index of the mind.Verba legis non est recedendum From the words of the statute there should be no departure