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It is better to risk saving a guilty man than to condemn an innocent one.
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Legal Definitions - brevi manu
It's every lawyer's dream to help shape the law, not just react to it.
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Definition of brevi manu
Definition: Brevi manu (bree-vIman-yoo) is a Latin term used in Roman and civil law. It means "with a short hand." It has two meanings:
- Directly; by the shortest route.
- Without a legal warrant; on one's own authority.
In Roman law, brevi manu referred to the transfer of ownership of an item to someone who already had physical control of the item. For example, if someone borrowed a book and then bought it from the owner, the transfer of ownership would be brevi manu. In Scotland, the term usually meant performing an act without going to court. For instance, a landlord could seize a tenant's belongings for unpaid rent without involving a judge.
Examples:
- John borrowed a lawnmower from his neighbor and then bought it from him. The transfer of ownership was brevi manu because John already had physical control of the lawnmower.
- When the tenant failed to pay rent, the landlord seized his TV without going to court. This was an example of brevi manu because the landlord acted on his own authority.
These examples illustrate the two meanings of brevi manu. In the first example, the transfer of ownership was direct and straightforward because John already had the lawnmower. In the second example, the landlord acted without a legal warrant, which is another meaning of brevi manu.
If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Simple Definition
Brevi manu is a Latin term that means "with a short hand." In Roman and civil law, it can mean two things: first, doing something directly and quickly, without taking a longer route; second, doing something without legal permission or authority. In Scotland, it was used to describe doing something without going to court. In Roman law, it referred to transferring ownership of something that was already in the buyer's possession, like a pledge or loan.
The law is a jealous mistress, and requires a long and constant courtship.
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