Et Non: A Comprehensive Guide to Its Legal Definition and Application
Definition & Meaning
"Et non" is a Latin phrase that translates to "and not" in English. It is primarily used in legal documents to introduce negative statements or denials in a special traverse. This phrase carries the same legal weight as the term "absque hoc," which also indicates a negation or exception in legal pleadings.
Legal Use & context
The term "et non" is commonly found in legal pleadings, particularly in civil litigation. It serves to clarify the points that are being denied or contested by a party in a case. Understanding its use is crucial for individuals involved in legal disputes, as it helps frame the arguments and defenses presented in court. Users can find templates for legal documents that incorporate this phrase through resources like US Legal Forms, which are drafted by experienced attorneys.
Real-world examples
Here are a couple of examples of abatement:
In a civil lawsuit, a defendant might respond to a claim by stating, "The defendant denies the allegations et non the plaintiff's assertion of damages." This indicates that the defendant is not only denying the claims but also the specific damages asserted by the plaintiff.
(Hypothetical example) A landlord might use "et non" in a legal response to deny claims made by a tenant regarding the condition of a rental property.