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Simple English definitions for legal terms
dubitante
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A quick definition of dubitante:
Term: Dubitante
Definition: Dubitante means doubting. It is a Latin term that was often used in legal reports next to a judge's name to show that the judge had doubts about a legal point but was not willing to say that it was wrong. It is like when you are not sure about something, but you don't want to say it is wrong. This is called dubitante.
A more thorough explanation:
Definition: Dubitante (d[y]oo-bi-tan-tee) is a Latin term that means doubting.
This term is usually used in a law report next to a judge's name, indicating that the judge doubted a legal point but was unwilling to state that it was wrong. For example, a judge may write "dubitante" next to their name in a court decision if they have doubts about a legal issue but are not confident enough to openly disagree with the decision.
The term "dubitante" expresses the common law spirit, where a judge may have reservations about a decision but is not willing to openly dissent. This term is used to indicate that the judge is unhappy about some aspect of the decision rendered, but cannot quite bring themselves to record an open dissent.
For instance, a judge may write "dubitante" next to their name in a court decision if they have doubts about the constitutionality of a law but are not confident enough to openly disagree with the decision.