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Understanding Casus Omissus Pro Omisso Habendus Est in Law
Definition & Meaning
The phrase "casus omissus pro omisso habendus est" is a Latin legal maxim that translates to "a case omitted is to be held as intentionally omitted." This principle is used in statutory interpretation, indicating that if something is not explicitly mentioned in a law or statute, it is assumed to have been intentionally left out. This maxim helps clarify legislative intent and ensures that omissions are not treated as oversights.
Table of content
Legal Use & context
This term is primarily used in the field of statutory construction, which is relevant in various areas of law, including civil, criminal, and administrative law. It serves as a guiding principle for judges and lawyers when interpreting laws and regulations. Understanding this maxim can be particularly useful for individuals navigating legal documents or statutes, as it underscores the importance of what is included or excluded in legal texts. Users can find helpful templates on platforms like US Legal Forms to assist them in drafting or interpreting legal documents.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) A state law regulating the sale of alcohol lists specific types of beverages but does not mention hard seltzers. Under the principle of casus omissus, it can be argued that the legislature intentionally chose not to include hard seltzers in the regulation.
State-by-state differences
Examples of state differences (not exhaustive):
State
Application of Casus Omissus
California
Widely accepted in statutory interpretation.
New York
Similar application, with emphasis on legislative intent.
Texas
Recognized, but with additional focus on context.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Expressio unius est exclusio alterius
The expression of one thing excludes others.
This focuses on what is included rather than what is omitted.
In pari materia
Refers to laws that are related to the same subject matter.
This term emphasizes the relationship between laws rather than omissions.
Common misunderstandings
What to do if this term applies to you
If you encounter a situation where a law appears to have omitted relevant information, consider the implications of the casus omissus principle. It may be beneficial to consult with a legal professional for guidance. Additionally, you can explore US Legal Forms for templates and resources that can help you navigate legal documents effectively.
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