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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 - praeteritio
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Definition of praeteritio
Praeteritio is a legal term from Roman law that means passing over an heir by excluding them from a will.
If a person writes a will and intentionally leaves out one of their children, that is an example of praeteritio.
In Roman law, passing over one's own heirs (sui heredes) usually invalidated the will. This means that if a person excluded their direct heirs from their will, the will would not be considered valid.
For example, if a person had three children and only included two of them in their will, the third child would be considered passed over and could potentially challenge the validity of the will.
It is better to risk saving a guilty man than to condemn an innocent one.
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Simple Definition
Praeteritio is a Latin term used in Roman law. It means when someone writes a will and intentionally leaves out one of their heirs. In Roman law, this was usually not allowed and would invalidate the will. Sui heredes is another Latin term that means "one's own heirs" or "direct heirs." If someone died without a will, their property would go to their sui heredes, which were usually their children or other close family members.
A lawyer is a person who writes a 10,000-word document and calls it a 'brief'.
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