AUDITA QUERELA Meaning and
Definition
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Audita querela is a Latin legal term that translates to "hearing of a complaint." It is a legal principle in the common law system that allows a person against whom a judgment has been rendered to present a complaint or a grievance to the court after the judgment has been entered. This principle is usually invoked in situations where new evidence has emerged or some other significant development has occurred since the original judgment, which may affect the fairness or validity of the judgment.
Audita querela acts as a post-judgment remedy, allowing a party to seek relief from a judgment that has become final. It is typically used to correct errors or provide relief in cases where no other remedy is available under the law. The party seeking audita querela may raise defenses or arguments that were not available or considered during the original litigation.
In order to initiate audita querela, the party must file a motion or petition with the court that issued the judgment. The court then decides whether to grant a hearing on the complaint. If the court determines that the complaint has merit and that the judgment should be revisited, it may either modify the original judgment or vacate it altogether.
Audita querela is an exceptional remedy and is not frequently used in modern legal practice. It is available in certain jurisdictions and is typically invoked in cases where justice or fairness demands a reconsideration of a final judgment due to new evidence or developments.
Common Misspellings for AUDITA QUERELA
- zudita querela
- sudita querela
- wudita querela
- qudita querela
- aydita querela
- ahdita querela
- ajdita querela
- aidita querela
- a8dita querela
- a7dita querela
- ausita querela
- auxita querela
- aucita querela
- aufita querela
- aurita querela
- aueita querela
- auduta querela
- audjta querela
- audkta querela
Etymology of AUDITA QUERELA
The word "Audita querela" comes from Latin. "Audita" is the participle form of the verb "audire", meaning "to hear" or "to listen". "Querela" is a noun derived from the verb "queri", which means "to complain" or "to lament". Therefore, "Audita querela" translates to "the complaint having been heard" or "the petition having been listened to". It is a legal term that refers to a writ or action that was allowed to proceed after an initial judgment.
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