In the U.S. legal system, In re is used to indicate that a court case may not have formally named the opposing parties or may otherwise not be challenged. In re is an alternative to the more typical adversarial form of case designation, which refers to each case as “plaintiff v. defendant,” as in Roe v. Wade or Miranda v. Arizona. In re is a Latin expression meaning “in matters of”. The term “in re” is used in legal documents to refer to a case, especially a case without consideration. For example, “In re Estate of Ruth Bentley” could be used to refer to an estate case involving the estate of Ruth Bentley. The Bluebook, a citation and legal style guide used by U.S. lawyers and law schools, describes In re as a “procedural phrase” and requires citations to use In re to abbreviate “in matters of,” “petition of,” “application of,” and similar expressions. [2] In the case; in the case of. This is the usual method of justifying a court case in which there are no opposing parties, but only certain provisions in which judicial measures must be taken, such as bankruptcy, succession before the probate court, a proposed public road, etc.
It is also sometimes used as a designation for proceedings in which a party submits an application on its own behalf, but these proceedings are more often entitled “Ex parte In re communi neminem dominorum jure facere quicquam, invito altero, posse. One co-owner cannot exercise authority over the common property against the will of the other. Dig. 10, 3, 28.In re communi potior est conditio prohibentis. In a partnership, the condition of the one who prohibits is all the more favorable. In re dubia, benigniorem interpreta- tionem sequi, non minus justius est quamtutius. In a dubious case, it is no less correct to follow the more liberal interpretation than the surest route. Dig. 50, 17, 192, 1.In re dubia, magisinficiatio quam af- flrmatio intelligenda. In a questionable question, denial or negative is more likely to be understood [or considered] than yes.
Godb. 37.In re lupanari, testes lnpanares admittentnr. In a brothel case, prostitutes are admitted as witnesses. Van Epps v. Van Epps, 6 Barb. (N.Y.) 320, 324.In re pari potiorem cansam esse pro- bibentis constat. In a question shared [by many] as well, it is clear that the party refusing [to authorize the use] has the best reason. Dig. 10, 3, 28. A maxim applies to partnerships in which a partner has the right to refuse to consent to the shares of his co-partner. 3 Kent, Comm.
45.In re propria iniquum admodnm est alicni licentiam tribuere sententiae. It is extremely unfair for someone to become a judge in their own case. In rebus manifestis, errat qui author- itates legnm allegat; Quia perspicue vera nonsunt probanda. In obvious cases, he errs in invoking the legal authorities; for obvious truths cannot be proved. 5 Coke, (STer. applied to cases too clear to require the assistance of the Authority; “Because,” the report says, “anyone who tries to prove them obscures them.” In rebus qua; Sunt favorabilia animae, quamvis sunt damnosa rebus, fiat ali- quandoextrnsio statuti. 10 Coke, 101. In mind-friendly cases, although they are detrimental to things, sometimes an extension of a law should be made. Preparation. Abbreviation for “in relation to” or “concerning”.
“Re” is another abbreviation. Often, “in re” is found at the beginning of the lawyer`s letters to identify the subject, such as “In re Matheson v. Roth” or “In re Estate of Ruth Bentley”. It is also used in the designation of a dispute when there is only one party, the applicant, as in “In re Adoption of Marcus McGillicuddy”. This legal article on a Latin phrase is a stub. You can help Wikipedia by expanding it. The use of “in re” refers to the object or person who is the main subject of the case. The term “In re” is often used in probate proceedings as well as in juvenile courts. In re Gault is an example of a case involving a juvenile offender. It is also used in the title or name of a case if the proceedings are in rem or quasi in rem and not personal.
Re, verbis, scripto, consensu, traditione, junctura jackets, sumere pacta solent. Pacts are accustomed to being clothed by the thing itself, by words, by writing, by consent, by delivery. Plough. 161. “In re.” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/in%20re. Retrieved 11 October 2022. In re, Latin for “in matter [of]”, is a term with several different but related meanings. Such actions may instead use the English translation “in the matter of” or the Latin words ex parte. The final decision on the style to be used for a particular dispute is usually made by the clerk of the court.
In re is a Latin expression meaning “in the case of. When in re appears in the title of a court case, it means that the court case may not have formally named the opposing parties or may otherwise be uncontested. In re is often used in cases where probate and bankruptcy proceedings are cited, such as the reorganization of General Motors Chapter 11, officially referred to in court documents as In re General Motors Corp. [1] The term is also sometimes used for consolidated cases, as in In re Marriage Cases. It was adopted by some U.S. states such as California when they introduced no-fault divorce on their part to reflect the fact that the modern procedure for dissolving marriage has been removed from the adversarial system. It is also used in juvenile courts, such as In re Gault. Disclaimer – This article is for informational purposes only, we do not claim authenticity with respect to the content of this article. If you find any content offensive or infringing your intellectual property rights for any reason, you are free to contact us and notify us at any time.
We will consider requests to remove content, but we have no obligation to respond directly to you. For example, a procedure for determining various claims on the assets of an insolvent corporation could be called In re Klein Company or In the matter of Klein Company. IN RE. In essence; as in the case of A B, in the case of A B. [Latin, in the case of.] Concern or Special Concern. The usual style for the name of a court case in which an asset is at the center of the dispute and not the opposing parties. Sometimes in re is used for proceedings in which a party submits an application to the court without necessarily accusing an opponent. This may be the case, for example, if a couple wants to adopt a child or if an adult wants to change their name. A term commonly used to refer to court proceedings in which there is only one party. Thus, “Re Vivian” means “In the case of Vivian” or “In the case of Vivian”.