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Sub Silentio: The Legal Concept of Silence and Its Impact
Definition & Meaning
Sub silentio is a legal term that translates to "under silence." It refers to situations where a decision or action is taken without explicitly acknowledging or addressing a prior matter. This often implies that something is accepted or consented to by not being mentioned. For example, if a court makes a ruling that contradicts an earlier decision without directly referencing it, the new ruling is said to have overruled the previous one sub silentio.
Table of content
Legal Use & context
This term is commonly used in various areas of law, including civil and criminal law. In legal practice, sub silentio can indicate implied consent or acceptance of a situation when no objections are raised. For instance, in contract law, if one party acts in a way that assumes the other party's agreement without formal acknowledgment, this may be interpreted as consent. Users can manage related legal documents through resources like US Legal Forms, which offer templates for various legal situations.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A court issues a ruling that changes the interpretation of a law without mentioning an earlier case that established a different interpretation. This new ruling is considered to have overruled the previous decision sub silentio.
Example 2: In a contract dispute, one party continues to perform their obligations without formally addressing a breach by the other party. This can be viewed as acceptance of the situation, indicating consent to proceed despite the breach (hypothetical example).
Comparison with related terms
Term
Definition
Difference
Implied Consent
Agreement inferred from actions rather than explicit statements.
Sub silentio specifically refers to silence regarding prior matters.
Waiver
Intentional relinquishment of a known right.
Sub silentio does not require intent; it can occur through inaction.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where sub silentio may apply, it's important to document your actions and communications. If you believe that your silence may be interpreted as consent or acceptance, consider consulting with a legal professional for tailored advice. Additionally, explore US Legal Forms for templates that can help you navigate related legal matters effectively.
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