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Understanding Non Debet Actori Licere, Quod Reo Non Permittitur in Law
Definition & Meaning
The phrase "non debet actori licere, quod reo non permittitur" translates to "the plaintiff should not be allowed to do what is forbidden to the defendant." This legal principle emphasizes fairness in legal proceedings, suggesting that a plaintiff should not engage in actions that are not permitted for the defendant. It serves as a reminder that the legal system should uphold consistent standards for all parties involved in a case.
Table of content
Legal Use & context
This principle is primarily used in civil and criminal law contexts. It underscores the importance of equitable treatment in legal proceedings, ensuring that plaintiffs do not exploit loopholes or engage in misconduct that would be unacceptable for defendants. This concept may be relevant in various legal scenarios, including torts, contract disputes, and criminal defenses. Users can manage related legal procedures using templates available through US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
1. In a personal injury case, if a plaintiff is seeking damages for an accident caused by a violation of traffic laws, they cannot claim compensation for actions that are also illegal, such as driving without a license.
2. (Hypothetical example) A plaintiff in a breach of contract case cannot seek penalties against a defendant for actions that the plaintiff themselves engaged in, which would be considered unlawful under the same contract.
State-by-state differences
Examples of state differences (not exhaustive):
State
Application of Principle
California
Strict adherence to equitable treatment in civil cases.
New York
Emphasizes fairness in both civil and criminal contexts.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where this principle may apply, consider the following steps:
Assess your actions and ensure they are lawful.
Consult legal resources or templates available on US Legal Forms to understand your rights and obligations.
If your situation is complex, seek guidance from a qualified attorney to navigate your legal options effectively.
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