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Sine Qua Legal Meaning

An example of the unused sine qua expression in English is: A left his keys in the ignition and went to buy something from a nearby store. Meanwhile, her ten-year-old son, “B,” started the car and passed it, severely damaging C`s bike, which was parked directly behind A`s car. In this case, if A had not left the keys in the ignition, his son would not have been able to start the car and secure it via C`s bike. Thus, A`s act was the sine qua non condition for damage to C`s bicycle. You can consider the sine qua non condition as “without anything else cannot be possible”. For example, the conclusion of a contract is a sine qua non of offer and acceptance. Sine qua non can literally be translated as “Without some, not”. While this may sound like gibberish, it more or less means “Without (something) (something else) will not be possible.” Sine qua non sounds slightly literary and should not be used anywhere. But this manifests itself in many contexts, including economics (“A strong customer base is the sine qua non for success”), show business (“A good agent is a sine qua non for an actor`s career”) and politics (“His support was really the sine qua non condition of their candidacy”). Although the expression has found its place in politics, economics and medicine, its origin lies in law. The concept of sine qua non is the basis of the current concept of the “but for” rule in tort law. Tort law is the area of law that deals with physical and emotional injury.

In Yunis @ Kariya v. State of Madhya Pradesh, the Supreme Court ruled: “In this case, the unlawful actions of the defendants resulted in the death of an 18-year-old boy. If the eyewitness evidence is very clear and persuasive and the role of the accused in the crime is clearly defined, the formulation of motive is not a sine qua non of the prosecution`s evidence. In medicine, the term sine qua non (as opposed to pathognomonic) is often used to refer to any sign, symptom or discovery whose absence would most likely mean the absence of the target disease or condition. The test for such a sign, symptom or result would have a very high sensitivity and therefore rarely miss the condition, so a negative result should be reassuring (that is, the tested disease is missing). Examples: Sine qua non (/ˌsaɪni kweɪ ˈnɒn, ˌsɪni kwɑː ˈnoʊn/,[1] Latin: [ˈsɪnɛ kwaː ˈnoːn]) or condicio sine qua non (plural: condiciones sine quibus non) is an indispensable and essential action, condition or ingredient. It was originally a Latin legal term for “[a condition] without which it could not be” or “without … ” or “without which there is nothing”. “Sine qua non causality” is the formal terminology for “but-for-causality”. The roots of many legal systems around the world go back to the legal system of ancient Rome.

As a result, many terms and concepts used in the law are still referred to by their original Latin names. One of these concepts is “condition sine qua non”. Literal translation is an indispensable or essential ingredient or condition without which something could not have happened or existed. The sine qua non condition is used in the field of law known as tort and is considered the origin of the “but for” rule. We will understand its meaning, examine its legal definition, review its origins, see how it is pronounced, how it is used in law, and much more. There are a number of situations in which the sentence applies. Whenever something did not happen, if something else had not happened first, the preacher event is called a sine qua non. For example, the United States might not have participated in World War II without the bombing of Pearl Harbor. This event was the sine qua non for U.S.

participation in the war. For example, you must have sine qua non funds for the purchase of a property. You can define the sine qua non in the law as a necessary condition for something. “The criterion used to determine the actual cause of causation is known as sine qua non; Without the conduct of the accused, the damage would not have occurred. In Rogers v. Bromac, the title is valid. LLC, the 5th Circuit of the United States has interpreted the wording of the Jury System Improvement Act, which prohibits employers from firing employees “for” jury service, as meaning “without it” causation: the employee must prove that the termination of employment would not have occurred “without” this jury service. This is a greater burden on the applicant employee than simply proving that jury service was a motivating factor in the termination.

[10] In law, we often see the term condition sine qua non used to designate an essential element or condition. When the non-payment test is used in legal proceedings, the court generally considers whether the harm suffered by the plaintiff was a condition sine qua non as a result of the defendant`s negligence. Have you seen the term condition sine qua non used in any other way in law? Sine qua non is Latin that can be translated literally into English, since “sine” is “without”, “qua” is “welches” and “no” is “not”. (See-nay kwah nahn) Preparation. Latin for “without which it could not be”, an indispensable action or condition. Example: If Charlie Careless hadn`t left the keys in the ignition, his 10-year-old son wouldn`t have been able to start the car and secure it with Polly Playmate. Charlie`s act was therefore the sine qua non of Playmate`s injury. In Dr. Rajendra Prasad Agarwal vs Union of India And Another (Other), the Allahabad High Court ruled that “the requirement of the law is that opinion formation, which is a sine qua non condition for the exercise of power, must be ascertainable from disclosure and may be reviewed for the purpose of objectivity of substantial government documents.” It is contained in the 1958 commentary to article 59 of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War. In this case, the sine qua non condition refers to the assurance that emergency assistance will go to the civilian population and will not be diverted “to the occupying Power”.

[5] In legal matters, causation or condicio sine qua non or cause sine qua non is a circumstance in which a particular action is a material cause of a particular harm or misconduct, without which the violation would not have occurred. It is determined by the “without” test: but if the act had taken place, the harm would not have occurred. In tort law, there is a causal link between a particular act and an infringement if the harm would not have occurred without the act. This is called the rule or condition sine qua non. Duhaime`s dictionary of law gives us a good example of a sine qua non in law. In 1938, Jomo Kenyatta, then general secretary of the Kikuyu Central Association and later Kenya`s first prime minister, wrote that the institution of female genital mutilation was the “sine qua non of the entire doctrine of tribal law, religion and morality.” He wrote about the missionaries` campaign against FGM and stressed the importance of the rite of passage as an ethnic mark for the Kikuyu, the country`s main ethnic group. [3] From a legal point of view, the term condition sine qua non is used in cases where reference is made to the consequences of an action or a cause-and-effect scenario. For example, a work visa is a sine qua non for a job offer. The Latin expression refers to an essential condition or qualification; An indispensable thing or an absolute requirement. This is a circumstance in which a particular act is a significant cause of a particular injury or misconduct, without which the violation would not have occurred. In tort law, there is a causal link between a particular act and injury.

This is called the sine qua non rule. The term sine qua non dates back to the works of Boethius, a Roman senator of the early 6th century. It has evolved from a purely legal use to a more general use in many languages, including English, German, French, Italian and Spanish. The term is an Aristotelian term used in classical Latin. “Sin qua non” you should write this Latin sentence. This type of causality is often opposed to causality with one essential factor. The essential factor test is applied when there are several negligent injured parties who either (1) all caused the damage, in which case all are 100% jointly and severally liable (treated as a group but sued the money) and the accused defendant should sue or sue the others to compensate for the damage, or (2) only one could have actually caused the harm, But they have all been negligent in the same way and this cannot be determined, in which case the burden shifts and each of them who cannot prove that his negligence was not the cause is 100% jointly and severally liable. The aim is to enable the injured party to receive its damage and to bring negligent injured parties under its orders.