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Exploring Ex Assensu Curiae: The Concept of Court Consent
Definition & Meaning
The term ex assensu curiae is a Latin phrase that translates to "with the consent of the court." It is commonly used in legal contexts to indicate that a particular action or decision has been approved or acknowledged by a judge or court. For example, if a surety is discharged ex assensu curiae, it means that the court has given its consent for that surety to be released from their obligations.
Table of content
Legal Use & context
This term is primarily used in civil law contexts, particularly in cases involving contracts, sureties, and other obligations where court approval is necessary. It signifies that the court has agreed to a specific action, which can be crucial in legal proceedings. Users may encounter this term when dealing with legal forms related to surety agreements, discharge of obligations, or other court-related approvals. US Legal Forms provides templates that can assist users in navigating these processes effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Here are a couple of examples of how this term might be applied:
If a surety has guaranteed a loan and the borrower defaults, the surety may be discharged ex assensu curiae if the court agrees to release them from their obligations.
In a child custody case, a parent may be allowed to relocate with their child ex assensu curiae if the court consents to the move based on the best interests of the child.
State-by-state differences
Examples of state differences (not exhaustive):
State
Variation
California
Courts may have specific forms for discharging sureties.
New York
Requires a formal motion for court consent in some cases.
Texas
May involve additional hearings to obtain consent.
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
Assent
Agreement or approval.
Assent may not require court involvement.
Consent
Permission for something to happen.
Consent may be informal, while ex assensu curiae is formal and court-sanctioned.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where ex assensu curiae is relevant, consider the following steps:
Review the specific legal context to understand the implications of court consent.
Consult with a legal professional to ensure proper procedures are followed.
Explore US Legal Forms for templates that can help you draft necessary documents.
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